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2021 Supreme(Guj) 1031

SANDEEP N.BHATT
DAHIBEN CHANDUBHAI VIRDA – Appellant
Versus
S. H. S. EXPORTS PVT. LTD. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR. HEMAL SHAH
For the Respondent: MR MAULIK J SHELAT, MR PALAK H THAKKAR

JUDGMENT :

1. The present First Appeal under Section 173 of the Motor Vehicles Act is preferred by the appellants who are original claimants, to challenge the judgment and award passed by the Motor Accident Claims Tribunal (Aux.), Rajkot in Motor Accident Claim Petition No.2118 of 1997 dated 20.02.2007 for enhancement of compensation awarded by the Tribunal. The Tribunal has awarded Rs.1,15,000/- with 9% interest p.a. to the claimants. The appeal is filed for further enhancement of Rs.4,85,000/- as mentioned in the memo of appeal.

2. The brief facts of the case are that one Chandubhai Hamirbhai Virda had filed Claim Petition No.2118 of 1997 for awarding compensation of Rs.6 lakhs with interest @ 15% p.a. as he had sustained bodily injuries on his right thigh. He also got fracture and he has also sustained injuries on head, leg, chest, ribs and other parts of body. At the relevant time of accident, he was aged about 32 years and he was earning Rs.4,000 per month, as he was working as a driver. On 06.07,1997, the case of the claimants that he was driving the truck bearing registration No.GRP-5877 on his correct side with moderate speed, at that time, the driver of the truck bearing reg

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