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2018 Supreme(Guj) 235

AKIL KURESHI, A.Y.KOGJE
ORIENTAL INSRUANCE COMPANY LTD – Appellant
Versus
KOKILABEN BHARATBHAI NAKAR – Respondent


Advocates:
Advocate Appeared:
For the Appellant :MR R.G. DWIVEDI, ADVOCATE

JUDGMENT :

MR.JUSTICE A.Y. KOGJE, J.

1. This appeal is filed under section 173 of the Motor Vehicles Act by the Insurance company challenging the judgment and award dated 24.4.2017 passed by the Motor Accident Claims Tribunal(Aux) Jamnagar, in MACP No.370/2005.

2. Facts in brief are as under. On 25.5.2005 deceased Bharatbhai Manishankar Nakar was riding the motorcycle. While he was at JamKhambhaliya Jamnagar road, a truck being driven by opponent no.5 rashly and negligently collided with the motorcycle leading to death of said Bharatbhai. The legal heirs and dependents of Bharatbhai filed the abovenoted claim petition. The Tribunal after considering the evidence on record awarded compensation under various heads totalling to Rs.15,09,624/-.

3. Though served no one appeared for the claimants.

4. Learned advocate for the appellant Insurance company submitted that the challenge to the award is limited to the extent of computation of prospective income by the Claims Tribunal. He submitted that the Tribunal committed an error in granting 30% rise in future income when the deceased was









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