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2012 Supreme(Guj) 633

AKIL KURESHI, C.L.SONI
Ibrahimbhai Abdulbahi Vora – Appellant
Versus
Jyotshnaben Rajubhai Amin – Respondent


Advocates Appeared:
For the Appellant :Mr. Rajni H. Mehta, Advocate.
For the Defendant :Mr. MTM Hakim, Advocate.

JUDGMENT :

Akil Kureshi, J.

These appeals arise out of the judgment and award dated 1.10.1997 passed by the Motor Accident Claims Tribunal (Aux.) Vadodara in MACP No.1380 of 1991 and connected claim petitions.

2. Brief facts may be noted at this stage:

On 18.6.1991, at about 11.30 p.m., one Rajubhai Ishwarbhai Amin was driving his Maruti Car. In the car, he had along with him, his wife Jyotsanaben, his daughter Sonaben and his sister Sanjuben. When the car was passing from village Gotri in the outskirts of the city of Vadodara, it met with an accident with an on coming luxury bus. Rajubhai, driver of Maruti Car and his daughter Sona both died due to the injuries received. His wife Jyotsanaben received injuries but survived. Claim petition No. 1380 of 1991 was filed by the widow and three children of deceased Rajubhai claiming compensation of Rs. 50,00,000.00 from the owner and insurer of the luxury bus involved in the accident. Claim Petition No. 1381 of 1991 was filed by Jyotsanaben claiming compensation of Rs. 5,00,000.00 for death of Sona. Claim petition No.1382 of 1991 was file

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