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2013 Supreme(Guj) 627

JAYANT PATEL, Z.K.SAIYED
New Indian Assurance Company Limited, Rajkot – Appellant
Versus
Umashankar Mannalal Jayswal – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Vibhuti Nanavati, Advocate.

JUDGMENT :

JAYANT PATEL, J.

1. As both the appeals arise from the common judgment and award of the Tribunal, they are being considered simultaneously. Both the appeals are directed against the judgment and award passed by the Tribunal in MACP No.890/02 and 910/02, whereby the Tribunal has awarded the compensation of Rs.18,17,000 and Rs.6,45,800 respectively with interest at the rate of 9% p.a. The short facts of the case are that on 20th December, 2002, at about 23.45 hours at Faizabad Allahabad road, deceased Umashankar Munnalal Jayswal and deceased Shrinarayan Mevalal Jayswal were going in Commander Jeep bearing No.UP-42-B-2711 and they were proceeding from Faizabad (UP) to Rajkot. When the aforesaid jeep reached nearby 1.5 kms. away towards Faizabad on Faizabad Allahabad road, at that time, one truck bearing No. UP-3C-5033 dashed with the aforesaid jeep. Such resulted into serious accident and both the deceased sustained serious injuries and ultimately, they succumbed to the injuries. Such incident gave rise to two claim petitions being MACP No. 890/02 preferred by the legal heirs of deceased Umashanker Munnalal Jayswal, MACP No. 910/02 preferred by the legal heirs of deceased Shr

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