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2021 Supreme(Guj) 996

ARAVIND KUMAR, ASHUTOSH J.SHASTRI
BHAVNABEN SHAILESHBHAI RANK – Appellant
Versus
MAHMADMKHAN MAHMADJALLAUDINKHAN PATHAN – Respondent


Advocates Appeared:
For The Appellant : MR TUSHAR L SHETH
For The Respondent: MR RATHIN P RAVAL, MS SEJAL K MANDAVIA

ORDER :

ARAVIND KUMAR, J.

1. This is a claimants’ appeal challenging the legality and correctness of the judgment and award passed by the Motor Accident Claims Tribunal (Special), 9th Additional District Judge, Rajkot in Motor Accident Claims Petition No.60 of 2007 dated 16.1.2018 whereunder claim petition filed by the appellants under Section 166 of the Motor Vehicles Act, 1988 has been allowed in part and a total compensation of Rs.34,16,364/- with interest @ 9% per annum has been awarded from the date of petition till realisation and has held that on account of negligence of driver of Innova Car (in which the deceased was travelling), to the extent of 50% and deceased being the owner of Innova Car, to that extent, the insurer of other two vehicles have been exonerated from indemnifying the award. Hence, this appeal for enhancement and for setting aside the finding of the Tribunal insofar as holding driver of Innova vehicle being negligent.

2. We have heard Mr. Tushar L. Sheth, learned counsel appearing for the appellants, Mr. Rathin P. Raval, learned counsel appearing for the respondent No.3-The Oriental Insurance Company Ltd. and Ms. Sejal K. Mandavia, learned counsel appearing fo

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