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2011 Supreme(Guj) 833

BHASKAR BHATTACHARYA
Oriental Insurance Co. – Appellant
Versus
Sarojben Atmaram Nathalal Patel – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr Rituraj M. Meena, Advocate.
For the Defendant :Mr. Sandip C. Shah, Advocate.

JUDGMENT :

1. This appeal at the instance of the Insurance Company and the Cross-Objection filed by the claimant are taken up together. I first propose to deal with the appeal filed by the Insurance Company.

2. Present appeal at the instance of the appellant arises out of M.A.C. Petition No.639 of 1988, thereby the claimant claimed compensation of Rs. 75000/- due to injury caused to the claimant arising out of an accident when a Matador Van in which the claimant was travelling along with her husband. The said van due to negligent driving on the part of the driver of Matador had fallen inside a pit resulting in injury of the claimant. Thus, in the accident no other vehicle was involved.

3. The learned Tribunal below on consideration of the materials on record came to the conclusion that due to rash and negligent driving on the part of the driver of the Matador Van, which was insured by the Oriental Insurance Company Ltd., the claimant suffered injury and on the basis of evidence on record, the learned Tribunal was of the view that as the claimant was earning Rs. 700/- a month by way of selling milk and the disability was found to be 22%, it was a fit case of application of multiplier o

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