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2021 Supreme(Guj) 1068

HEMANT M.PRACHCHHAK
SHARDABEN THAKORBHAI VALAND (DECEASED) – Appellant
Versus
RANJITBHAI JITUBHAI SINDHA – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR MA PAREKH
For the Respondent: MR GC MAZMUDAR, MR HG MAZMUDAR, MR PALAK H THAKKAR

JUDGMENT :

1. This appeal is filed by the appellant – original claimant seeking enhancement of the compensation amount awarded by the Motor Accident Claims Tribunal (Aux.), Kheda at Nadiad (hereinafter referred to as “the Tribunal) dated 09.08.2005 passed in M.A.C.P. No.113 of 1998.

2. Brief facts of the present case are that on 06.11.1997, the claimant along with her relatives was going to darshan from Bhavnagar to Gadhada in jeep bearing registration no.GJ-07-H- 5207 and at 11.45 p.m. near Tatam Village, on account of negligency on the part of both the drivers, two vehicles dashed to each other, as a result of which, the claimant sustained serious injury. Hence, the claimant had preferred M.A.C.P. No.113 of 1998, which came to be partly allowed by the Tribunal vide order dated 09.08.2005 and awarded compensation of Rs.1,43,000/- as against her claim of claiming Rs.7,00,000/-.

3. Heard Mr.M. A. Parekh, learned counsel appearing for the appellant, Mr.Palak Thakkar, learned counsel appearing for respondent No.2 and Mr.H. G. Majmudar, learned counsel appearing for the respondent no.4. Though served, nobody appears for respondents no.1 and respondent no.3 was deleted.

4. Mr.M. A. Parekh,

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