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2021 Supreme(Guj) 1033

VIPUL M.PANCHOLI
BINODSHANKAR BADRINARAYAN SING – Appellant
Versus
SHIVPUJAN VASUDEV PANDE – Respondent


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

ORDER :

1. This appeal is filed under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as “the M.V. Act” for short), in which, the appellant has challenged the judgment and award dated 10.07.20219 passed by the Motor Accident Claims Tribunal (Main), Surat, passed in MACP No.125 of 2007 to a limited extent i.e. for enhancement of the amount of compensation.

2. Heard learned advocate Mr.Hiren M. Modi appearing for the appellant – original claimant and learned advocate Ms.Kirti S. Pathak for respondent No.3 – Insurance Company.

3. The brief facts leading to the filing of this appeal are as under:

    3.1 On 08.01.2007, at about 5:30 PM, the claimant was going towards Piplod by driving motorcycle on left side of the road in slow speed and when he reached near Kirti Lazer Beauty, on Piplod – Dumas Road, at that time, respondent No.1 came from behind driving Hyundai Gets car No.GJ-5-CF-83 in full speed, in rash and negligent manner, endangering the human life and dashed with the motorcycle of the claimant and, therefore, the claimant fell down from the motorcycle and sustained serious injuries. The claimant, therefore, has filed the claim petition before the Claims Tribunal

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