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2015 Supreme(Guj) 641

JAYANT M.PATEL, G.B.SHAH
Oriental Insurance Co. Ltd. – Appellant
Versus
Pallaviben Harsukhbhai Sorathia – Respondent


Advocates Appeared:
For Appellant : Maulik J. Shelat
For Respondents: Suresh M. Shah and Mehul S. Shah

JUDGMENT :

Jayant M. Patel, J.

1. As all these appeals arise from the common judgment and award passed by the Tribunal, that too, arising from the common accident, they are being considered simultaneously. The short facts of the case appear to be that on 21-11-2000 when deceased Harsukhbhai Sorathia was going as pillion-rider with Mulji Ladhabhai Hadiya, who was driving the scooter bearing registration No. GJW-12-D-9171 and when they reached near Narayan Farm at about 6-00 O'clock, one Fiat car bearing registration No. GUX-9594 came from the opposite direction and dashed with the scooter and also dashed with one Fiat Uno car bearing registration No. GJ-12-E-9936. Resultantly, deceased Harsukhbhai as well as Muljibhai sustained injuries. Later on, Harsukhbhai succumbed to the injuries whereas, Muljibhai, who was driving the scooter, sustained serious injuries. The claim petitions were filed by the dependent members of family of Harsukhbhai being Motor Accident Claim Petition No. 786 of 2000 for the compensation of Rs. 1 crore and by injured Muljibhai being Motor Accident Claim Petition No. 785 of 2000 for the compensation of Rs. 50 lakhs. The Tribunal, at the conclusion of the proceed


















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