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2016 Supreme(Guj) 2198

M.R.SHAH
Heirs of Decd. Nikhilkumar Madhusudan – Appellant
Versus
Vejaraja Mer – Respondent


Advocates Appeared:
For the Appellant :Mr. Tushar L. Sheth, Advocate.
For the Respondent:Mr. Maulik J. Shelat, Advocate, Mr. Nagesh C. Sood, Advocate.

JUDGMENT :

M.R. SHAH, J.

1. Feeling aggrieved and dissatisfied with the impugned judgment and award dated 09.03.2007 passed by the learned Motor Accident Claims Tribunal (Auxi.), Gondal (hereinafter referred to as "Tribunal") in Motor Accident Claim Petition No.392/1992 by which the learned Tribunal as awarded a total sum of Rs.1,42,500/- together with the interest at the rate of 9% per annum from the date of application till realization, the original claimants have preferred the present First Appeal to enhance the amount of compensation awarded by the learned Tribunal.

2. In a vehicular accident which took place on 28.05.1992 between Jeep No.MH04J5436 in which the deceased was travelling and one Truck No.GTW1746 which at the relevant time was being driven by original opponent No.1, deceased Nikhil died. Therefore, the parents of the deceased filed the aforesaid claim petition before the learned Tribunal claiming a total sum of Rs. 3 lac under different heads towards compensation for the death of the deceased Nikhil.

2.1. That on appreciation of evidence the learned Tribunal has





















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