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2021 Supreme(Guj) 963

B.N.KARIA
NEW INDIA ASSURANCE CO. LTD. – Appellant
Versus
RANGUBEN WD/O DASHRATBHAI RAVAL – Respondent


Advocates Appeared:
For the Appellant : MR SUNIL B PARIKH
For the Respondent: KAASH K THAKKAR, MR ANKIT SHAH, MS ASHLESHA M PATEL

ORDER :

1. The appellant-Insurance Company has challenged the judgement and award passed by the Motor Accidents Claims Tribunal (Auxi), 3rd (Ad-hoc) Additional District Court, Patan on 19th August, 2015 in MACP No. 376 of 2010.

2. The short facts leading to the present case are as under:-

3. The original claimants have preferred a claim petition under Section 163 (A) of the Motor Vehicle Act against the present appellant and other respondents claiming compensation of Rs. 7,00,000/- on account of untimely death wherein, Dashrathbhai Jethabhai was expired. As per case of the original claimant on 8th November, 2010, at about 11.30 a.m. deceased Dashrathbhai Jethabhai, was a passer by, who entered the truck to douse the fire and sustained burn injuries which was occurred due to touch live electric wire with the grass loaded in the truck and died on the sport. The age of the deceased was 42 years. He was the only earning members in the family and by doing labour works, he was earning Rs.3300/ - per month. The original claimants spent huge amount in funeral ceremonies, and in all accounts, they have requested to pass an award of Rs.7,00,000/- by way of compensation. After issuing notice to

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