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2016 Supreme(Guj) 2144

HARSHA DEVANI, A.S.SUPEHIA
AYASHABEN AMANJIBHAI SHERASIYA L. R. OF AMANJIBHAI H. SHERASIYA – Appellant
Versus
KANABHAI LALABHAI MANATH – Respondent


Advocates Appeared:
For the Appellant : MR. TUSHAR L. SHETH.
For the Respondent: MS. KARUNA V. RAHEVAR.

JUDGMENT :

A.S. SUPEHIA, J.

1. Feeling aggrieved and dissatisfied with the impugned judgment and award dated 28.07.2009 passed by Motor Accident Claims Tribunal (Aux.) and Presiding Officer, 8th Fast Track Court, Gondal Camp at Upleta, (hereinafter referred to as the Tribunal) in Motor Accident Claim Petition No. 562/1996, wherein and whereby; the Tribunal has partly allowed the claim petition by awarding a total sum of Rs. 6,29,000/- as compensation with interest @ 9% per annum from the date of the claim petition till realization with cost of the claim, the original claimants have preferred the present first appeal for enhancement of the amount of compensation.

2. The brief facts leading to the filing of the present appeal are as under.

3. That on 1st December 1996, the deceased Amanjibhai Hajibhai Sherasiya while returning to Morbi on a motorcycle (scooter) bearing registration No. GJ-3F-8589 met with an accident with a chhakdo rickshaw (goods) bearing registration No. GJ-3U-9466 coming from the opposite side. As a result of the said accident, the deceased sustained severe bodily injuries and ultimately died during the treatment.

4. The Tribunal, after hearing the learned advocates ap



















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