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2010 Supreme(Guj) 480

K.M.THAKER
Hasumatiben Jayendrabhai Bhatt – Appellant
Versus
Dineshbhai Gordhanbhai Panchal (deleted) – Respondent


Advocate Appeared:
For the Appellant :Hiren M. Modi, Advocate.
For the Defendants :G.C. Mazmudar, H.G. Mazmudar, Advocates.

JUDGMENT :

K. M. Thaker, J.

1. This appeal was admitted by order dated 3.9.2007. At the request of the appellant and with the consent of the opponent the appeal is taken up for hearing and final decision today.

2. Present appeal is directed against the judgment and award dated 22.2.2007 passed in Motor Accident Claims Petition. No. 630 of 1995 whereby the learned Tribunal has awarded Rs. 2,72,640/- towards compensation with interest at the rate of 9%. The appellants - heirs and the legal representatives of the deceased Mr. Jayendrabhai Bhatt - had preferred the said claim petition, claiming Rs. 10.00 lacs towards compensation, with interest and other components. The claim was raised in view of the death of Mr. Jayendrabhai Bhatt on account of the accident which occurred on 10th March 1995.

3. The facts relevant for the purpose of present appeal are that Mr. Jayendrabhai Bhatt (hereinafter referred to as the deceased ) was going to Limbdi in the State Transport bus bearing registration No. GJ-1Z-4604. While the bus was on the way from Gandhipura Patiya, a truck bearing registration No. GJ-4T-6848 collided with the S.T. bus. In the said accident the Mr. Bhatt sustained fatal injuries and

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