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2016 Supreme(Guj) 471

K.J.THAKER
Bhartiben Nayabha Ker – Appellant
Versus
Sidabha Pethabha Manke – Respondent


Advocates:
Advocate Appeared:
For the Appellant :A.R. Thacker, Advocate

JUDGMENT

Kaushal Jayendra Thaker, J.

1. The present First Appeal is filed at the instance of the claimant, for proceedings under Section 166 of the Motor Vehicles Act and is directed against the award passed by the MACP Tribunal (Main), whereby, the Tribunal partly allowed the claim petition and awarded the sum of Rs. 7,78,000/-. The claimants by way of prayer has prayed the amount with interest as claimed in the original claim petition from the date of filing of application till realization.

2. The claimants have felt dissatisfied with the same, therefore, this appeal for enhancement is filed.

3. Nor the owner of the vehicle has preferred any appeal or cross objection and they have accepted the judgment as per the records. The only question which arises for consideration in this appeal is, whether the Tribunal below was justified in awarding sum of Rs. 7,78,000/- as against the claim of Rs. 13,00,000/- on the death of predecessor in interest of the claimant.

4. The short facts and background as it emerges from the record is that on 18.07.1993, deceased Nayabha Mapbha Ker was traveling in Jeep No. GBI-7896 alongwith other persons and the said jeep was being driven by opp No. 4; that the














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