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2021 Supreme(Guj) 23

R.M.CHHAYA
Oriental Insurance Company Limited – Appellant
Versus
Omkarsinh Harischandrasinh Jadeja – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Ms. Karuna V. Rahevar.
For the Respondents: Ms. Amrita Ajmera, Mr. G.C. Mazmudar, Mr. H.G. Mazmudar, Mr. Kirtidev R. Dave, Mr. Rahul K. Dave.

JUDGMENT :

R.M. CHHAYA, J.

1. Feeling aggrieved and dissatisfied with the judgment and order dated 31.7.2009 passed by the Motor Accident Claims Tribunal (Main), Surendranagar in MACP No. 916 of 1997, the appellant-insurance Company has preferred this appeal under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as “the Act”).

2. Following noteworthy facts emerge from the record of the appeal:

    Suffice it to note that the accident occurred on 13.2.1997, wherein two vehicles are involved i.e. Ambassador Car bearing registration no. GJ-13-9792 and truck involved in the accident bearing registration no. GJ-2P-7374. As per the record, it transpires that the accident occurred on Surendrangar Muli road, near Godavari Village. An FIR came to be lodged at Exh.88 and Panchnama at Exh.89. The claim petition was filed by the claimant and claimed compensation of Rs. 2,00,000/-. The Tribunal, after Taking into consideration the oral evidence as well as documentary evidence on record, considered the disability as agreed between the parties at 15% of the body as a whole as per Exh.101 as well as certificate at Exh.102 and came to the conclusion that the original claimant had increa

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