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2016 Supreme(Guj) 820

JAYANT PATEL, G.B.SHAH
JAGRUTI SHISHIR BANUGARIYA (PATEL) – Appellant
Versus
RAVJI KANTHAN AHIR – Respondent


Advocates Appeared:
MR MEHUL SHARAD SHAH, ADVOCATE for the Appellant.
MR SUNIL B PARIKH, ADVOCATE for the Respondent.

JUDGMENT :

JAYANT PATEL, J.

1. The present appeal is directed against the judgment and the award passed by the Tribunal in Motor Accident Claim Petition No. 75 of 1998 dated 05/10/2006 whereby the Tribunal has awarded total compensation of Rs.1,90,500/- with interest @ 7.5% per annum out of which, the appellant – claimant would be entitled to 50% of the amount as per the apportionment given by the Tribunal between the appellant in the capacity of wife of the deceased with the other claimant, who was the mother of the deceased.

2. The short facts of the case appear to be that on 11/06/1995 when the deceased Dr. Shishirkumar with his wife Dr. Smt. Jagrutiben was going from Morbi to Rajkot on Kinetic motorcycle bearing registration No. GJ-3-7127 of one Vipul Hasmukhbhai Vadgama and when they reached near Panchvati Ashram on the highway at about 9:30 a.m., one truck bearing registration No. GJ-12-T-6343 came from the back side and dashed with the motorcycle, resultantly, deceased Shishirkumar sustained injuries and he succumbed to the injuries whereas, his wife also sustained injuries. The aforesaid accident gave rise to two claim petitions, one filed by the mother of the deceased bein































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