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2015 Supreme(Guj) 658

HARSHA DEVANI
New India Assurance Co. Ltd. – Appellant
Versus
Minor Himaniben – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Vibhuti Nanavati, Advocate
For the Respondents:Hiren M. Modi, Advocate

JUDGMENT

Harsha Devani, J.

1. This appeal under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as "the Act") at the instance of the Insurance Company is directed against the judgment and award dated 15th March, 2007 passed by the Motor Accident Claims Tribunal (Auxiliary), Vadodara in M.A.C. Petition No. 2360 of 1997. The facts giving rise to the present appeal are that the respondent Nos. 1 and 2 through their guardian and next friend Dipak Kanjibhai Patel, who is their maternal uncle, filed a claim petition under Section 166 of the Act claiming compensation of Rs. 20,00,000 against the appellant and the respondent Nos. 3 to 6 herein for the death of deceased Neetaben Vajubhai Umrethiya. It was the case of the claimants that Neetaben, mother of the claimants, was going on a Hero Honda motorcycle as a pillion rider on 16th November, 1997 at about 8.00 p.m. and the original opponent No. 1, namely, the respondent No. 3 herein was driving his Hero Honda motorcycle bearing No. GJ-11-F-7825 with full speed and in a rash and negligent manner on the road near Laxmi Petrol Pump. He suddenly applied the brakes for taking a turn to fill petrol without giving any side sign


































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