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2021 Supreme(Guj) 1035

SANDEEP N.BHATT
HARMANBHAI GORDHANBHAI PATEL – Appellant
Versus
NANURAM DHANRAJ JATE BAMANIYA – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR.HIREN M MODI
For the Respondent: MR VC THOMAS

JUDGMENT :

1. The present appeal is filed by the original-claimant under Section 173 of the Motor Vehicles Act against the judgment and award passed in Motor Accident Claim Petition No. 309 of 2008 by the Motor Accident Claims Tribunal, Vadodara, by which, the claim petition of the claimant is partly allowed to the tune of Rs.1,01,120/- with 7.5% interest by judgment and award dated 22.03.2013. The claimant has filed the present appeal for further enhancement of Rs.3 lakhs.

2. The brief facts of the present appeal are that, the appellant-claimant viz., Mr. Harmanbhai Gordhanbhai Patel was coming from Varnama to Vadodara by driving his scooter bearing registration No. GJ-06-BM-9024 on National Highway No.8 on 29.10.2005. He was driving his scooter in moderate speed, by following the traffic rules, and that when he reached near Varnama Navinagari, at that point of time, the respondent No.1, who was driving Tanker bearing registration No. GJ-06-X- 8874 in rash and negligent manner, had come on wrong side and dashed with the scooter of appellant-claimant and the claimant has sustai

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