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2021 Supreme(Guj) 995

SANDEEP N.BHATT
UNITED INDIA INSURANCE COMPANY LTD THROUGH – Appellant
Versus
VAJABHAI RATABHAI DABHI SINCE DECD. THROUGH HEIRS – Respondent


Advocates Appeared:
For The Appellant : MR MAULIK J SHELAT
For The Respondent: MR.HIREN M MODI

JUDGMENT :

1. The present appeal is filed under Section 173 of the Motor Vehicles Act, by the appellant – the United Insurance Company Limited being aggrieved by and dissatisfied with the judgment and award passed by the Motor Accident Claims Tribunal (Main), Kheda at Nadiad in Motor Accident Claim Petition No.1235 of 1997 dated 14.06.2011. By the impugned judgment, the Tribunal has awarded Rs.3,85,000/- with 7.5% interest p.a. from the date of application, in favour of the claimants.

2. The brief facts of the case are that, the husband of claimant No.1, father of claimants No.2 to 5 and son of claimants No.6 and 7 had received injuries due to rash and negligent driving of the driver of Tractor bearing registration No.GJ-1-R-8099 along with Trolley bearing registration No.GJ-6-B-3445, on 25.05.1997, on Ahmedabad- Kathlal Highway, near Village : Model. He received injuries and was taken to the hospital. When reached to the hospital, he was found dead due to the said injuries caused by the accident. Therefore, the claimants have filed claim petition being Motor Accident Claim Petition No.1235 of 1997 for compensation of Rs.7 lakhs, which was subsequently amended to the tune of Rs.4 lak

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