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2021 Supreme(Guj) 1002

NIRAL R.MEHTA
NEW INDIA INSURANCE CO LTD – Appellant
Versus
MAMAD OSMAN SUMRA – Respondent


Advocates Appeared:
For The Appellant : MR GC MAZMUDAR, MR HG MAZMUDAR
For The Respondent: MR KIRTIDEV R DAVE, MR RAHUL K DAVE, NISHIT A BHALODI

JUDGMENT

1. Being aggrieved and dissatisfied with the judgment and award dated 31.10.2012 passed in MACP No.157 of 2009 by MAC Tribunal (Main) Kutch at Bhuj, the appellant – original opponent No.3 has preferred this First Appeal under Section 173 of the Motor Vehicles Act (for short ‘the MV Act’), wherein the learned Tribunal has awarded compensation of Rs.4,60,500/- under various heads to the respondents – original claimants as under :

Amount

Particulars

Rs.4,56,000/-

Loss of dependency

Rs.2,000/-

Funeral Expenses

Rs.2,500/-

Loss of estate

Rs.4,60,500/-

Total

2. On the fateful day i.e. on 28.2.2009, the deceased, who was 19 years old and serving as a Cleaner on the Luxury Bus bearing No.GJ-18- U-9998, met with an accident due to electrocution while he was on duty. While cleaning the roof of the bus, he came in contact with a live electric wire passing overhead the bus. On account of electrocution, the deceased suffered burn injuries. He was shifted to the J.K.Hospital at Bhuj where he was kept under treatment for 2 days and later, on 2.3.2009, succu

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