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2016 Supreme(Guj) 567

K.J.THAKER
Pankajkumar Ishwarbhai Patel – Appellant
Versus
Dasharathbhai B. Prajapati – Respondent


Advocates Appeared:
For the Appellant :Mehul Sharad Shah, Advocate

JUDGMENT :

Kaushal Jayendra Thaker, J.

1. This is an appeal by the original claimants-appellants, herein, challenging the judgment and award of the learned MACT (Auxi.), Mehsana (for short, 'the Tribunal'), Dated: 04.01.2006, rendered in MACP No. 1298 of 1992, whereby, the Tribunal partly allowed the said claim petition.

2. The brief facts of the case are that on 10.07.1992, while the deceased Shailesh, who happened to be the son of appellant Nos. 1 and 2 and brother of appellant No. 3, was proceeding on his school, the original opponent No. 1, who was driving an S.T. Bus bearing registration No. GJ-1-9517 in a rash and negligent manner, dashed the cycle of the deceased Shailesh from behind. On account of that the deceased sustained grave injuries and expired. Hence, the present appellants preferred the aforesaid claim petition, wherein, the Tribunal passed the impugned judgment and award. Hence, the present appeal.

3. Mr. Shah, learned Advocate for the original claimants-appellants, herein, submitted that the Tribunal committed a grave error in passing the impugned judgment and award inasmuch as it failed to appreciate the material on record in its proper perspective. He submitted tha




















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