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2016 Supreme(Guj) 1759

M.R.SHAH, A.S.SUPEHIA
United India Insurance Company Limited – Appellant
Versus
Kiritikumar Tulsibhai Patel – Respondent


Advocates Appeared:
For the Appellant : Sharmishta A. Dave.
For the Defendant : Mr. Umesh A. Trivedi.

JUDGMENT :

M.R. SHAH, J.

1. Feeling aggrieved and dissatisfied with the impugned judgment and award dated 22.01.2016 passed by learned Motor Accident Claims Tribunal (Main), Mahesana, in M.A.C.P. No. 700/2010, by which the learned Tribunal has partly allowed the said claim petition and has awarded the total compensation of Rs. 32,71,035/- to the original claimants together with interest thereon @ 9% per annum from the date of the claim petition till realization, towards the compensation for the death of deceased-Surekhaben w/o. Kirtikumar Patel, original opponent-United India Insurance Company Limited-insurer of Car bearing registration No. GJ-18-AC-2401, has preferred the present first appeal.

2. It is not in dispute that in a vehicular accident, which occurred on 26.05.2010, wife of original claimant No. 1, Surekhaben, who was traveling in the said car died. Therefore, husband of deceased-Surekhaben and minor Fenil, son of the deceased, filed M.A.C.P. No. 700/2010 before the learned Tribunal claiming a total sum of Rs. 35,00,000/- towards compensation. At this stage it is requir


























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