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2021 Supreme(Guj) 605

ARAVIND KUMAR, M.PRACHCHHAK
NISHABEN CHAMPAKBHAI PATEL – Appellant
Versus
NANDLAL T NISHAD – Respondent


Advocates Appeared:
For the Appellant : MR.HIREN M MODI
For the Respondent: MS KIRTI S PATHAK

ORDER :

(PER : HONOURABLE THE CHIEF JUSTICE MR. JUSTICE ARAVIND KUMAR)

1. This is a claimants’ appeal calling in question the correctness and legality of the judgment and award passed in M.A.C.P. No.600 of 2009 dated 31.01.2020 whereunder claim petition filed has been allowed in part and a total compensation of Rs.13,24,400/- with interest @ 9% per annum has been awarded as against claim of Rs.1,75,00,000/-.

2. Facts in brief which has led to filing of this appeal are as under.

3. The husband of the first claimant and father of second claimant, namely, Champakbhai Patel while proceeding in his Wagon-R car on 29.10.2009 to Surat from Virpur, an oncoming truck dashed against the Wagon-R, as a result of which said Champakbhai Patel and his daughter Ekta Champakbhai died at the spot due to accidental injuries they sustained in said accident. Hence, a claim petition came to be filed in M.A.C.P. No.600 of 2009 by the wife and son of the deceased seeking compensation for the death of Champakbhai Patel. In fact, other two claim petitions were also filed in respect of same accident which is not

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