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2014 Supreme(Guj) 882

M.R.SHAH, R.P.DHOLARIA
Madhuben Maheshbhai Patel – Appellant
Versus
Joseph Francis Mewan – Respondent


Advocate Appeared:
For Appellant/Petitioner/Plaintiff:Hiren M. Modi and M.T.M. Hakim, Advocates

JUDGMENT :

M.R. Shah, J.

1. Pursuant to the order passed by the learned Single Judge, Hon'ble the Chief Justice Bhaskar Bhattacharya vide CAV Judgment and order dated 18/11/2013 following question is referred to the Division Bench for its consideration:-

"Whether the view taken by the learned Single Judges of this Court in the decisions referred to above as well as decision of the Division Bench in the case of Surpal Singh L. Gohil v. R.M. Savalia (supra), lay down the correct proposition of law regarding applicability of Section 306 of the Succession Act to a claim-application under Section 166 of the MV Act where the claim for compensation is filed for the personal injuries caused to the claimant and during the pendency of the petition, he died a natural death."

Facts leading to the present First Appeal and leading to the reference to the Division Bench to consider the aforesaid question, in nutshell, are as under:-

1.01. That the original claimant - injured filed claim petition before the learned Motor Accident Claims Tribunal claiming compensation for the injuries sustained by him in an accident occurred on 23/6/1994. It appears that during the pendency of the claim petition, the or

















































































































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