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2009 Supreme(Guj) 771

H.K.RATHOD
Maharajsingh Dinsasingh Bhadoria – Appellant
Versus
Surendra C Zaveri – Respondent


Advocates Appeared:
For the Appellant :Mr. Hemant S. Shah, Advocate.
For the Defendant :P.V. Nanavati and Vibhuti Nanavati, Advocates.

JUDGMENT :

H.K. Rathod, J.

Heard learned advocates appearing on behalf of respective parties.

2. The appellant claimants has challenged award passed by Motor Accident Claims Tribunal, Ahmedabad in Motor Accident Claim Petition No.1181 of 1996 Ex.28 decided on 19th March 1998. The claims tribunal has awarded Rs. 91,400/- being an amount of compensation with 12% interest in favour of claimants and rest of claims are rejected. The claimants have filed claim petition claiming Rs. 4 lakhs before claims tribunal under Section 166 of Motor Vehicles Act, 1988. According to claimant, deceased Shivkumar sustained bodily injuries resulting into death in a motor accident while riding on bicycle on account of rash and negligent driving of motor vehicle viz., Ambassador Car bearing registration No.GTE-2709 by the driver of said vehicle. On 14th may 1996, at about 5-45 p.m., deceased Shivkumar was coming through the area known as Bibi Talav on his bicycle and on that point of time, opponent No.1 came from behind with his car in a rash and negligent manner and dashed his vehicle at the back of the cycle of deceased and caused serious injuries which resulted into death of said Shivkumar. The offending

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