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2014 Supreme(Guj) 970

K.J.THAKER
Patel Kokilaben W/o Keshubhai Ramjibhai Patel – Appellant
Versus
Prajapati Ambalal Kalidas – Respondent


Advocates Appeared:
For the Appellant :Lopa M. Bhatt and D.K. Desai, Advocates.
For the Respondent:G.C. Mazmudar and H.G. Mazmudar, Advocates.

JUDGMENT :

K.J. Thaker, J.

The appellants, herein, are the original-claimants, who have preferred this appeal challenging the judgment and award of the learned MACT (Auxi.), Sabarkantha at Himmatnagar (for short, the Tribunal), rendered in MACP No. 1024 of 2006, whereby, the claim petition of the appellants was partly allowed.

2. The brief facts of the case, leading to the filing of the present appeal are that on 23.07.2006, while the husband of appellant No.1 and the father of appellants Nos. 2 and 3, herein, namely Keshubhai was proceeding on a scooter as a pillion rider, which was being driven by respondent No.4 and insured by respondent No.5, herein, same met with an accident with a motorcycle bearing registration No. GJ-9-R-7660, which was being driven in a rash and negligent manner by respondent No.1, owned by respondent No.2 and insured by respondent No.3, herein. On account of the aforesaid accident, Keshubhai sustained severe injuries and later on he succumbed to the same. Hence, the present appellants preferred the aforesaid claim petition, wherein, the Tribunal passed the impugned judgment and award. Hence, the present appeal.

3. Ms. Bhatt, learned Advocate for the appellant

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