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2015 Supreme(Guj) 2330

M.R.SHAH, G.B.SHAH
New India Insurance Company Ltd. – Appellant
Versus
Manishaben Sanjaybhai Tribhovandas Modi – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Sunil B Parikh, Advocate.
For the Respondent:M. T.M. Hakim, Advocate.

JUDGMENT :

M.R. Shah, J.

Feeling aggrieved and dissatisfied with the impugned judgment and award passed by the learned Motor Accident Claims Tribunal (Auxi), Ankleshwar (hereinafter referred to as the "Tribunal") passed in Motor Accidents Claim Petition No.1709 of 2013 (New) (Old No.500 of 2013), by which, the learned Tribunal has partly allowed the said claim petition and has directed the appellant herein original opponent no.3 Insurance Company to pay to the original claimants a sum of Rs.29,87,852/- (after deducting 15% towards contributory negligence of the deceased) towards compensation under the different head for the death of deceased Sanjay Tribhovandas Modi with 9% interest therein from the date of application till realization, the appellant herein - original opponent no.3 - Insurance Company of the Motor Truck involved in the accident has preferred the present First Appeal.

1.1. Feeling aggrieved and dissatisfied with the impugned judgment and award passed by the learned Tribunal, the original claimants have also preferred Cross Objection No. 18 of 2015 to enhance the am

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