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2022 Supreme(Guj) 168

SANDEEP N.BHATT
Sonalben Bhanabhai Tadvi, Minor – Appellant
Versus
Madhuben Bhagubhai Tadvi – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. MTM Hakim
For the Respondent: Mr. Chirayu A. Mehta

JUDGMENT :

Sandeep N. Bhatt, J.

1. The present First Appeal, under Section 173 of Motor Vehicles Act, 1988, is preferred by the present appellants, who are the original claimants, being aggrieved and dissatisfied with the judgment and award dated 15.11.2011 passed by the Motor Accident Claims Tribunal (Main), Narmada at Rajpipla in Motor Accident Claim Petition No. 18 of 2010, by which the Tribunal has awarded Rs.3,30,900/- with 9% interest per annum to the claimants holding Respondent No. 1 (owner of the vehicle) liable for the same, Respondent No. 2-insurance company is exonerated by the Tribunal.

2. Brief facts of the case are as under:

2.1 On 20.04.2009 at bout 7:30 p.m., the deceased who was father of the present appellants-claimants, was returning to his home by driving his tractor bearing registration No. GJ-6-AP-6582 and at the scene of accident, the tractor found turned turtle and deceased Bhanabhai died on the spot. It is the case of the claimants that at the time of accident, deceased was aged about 33 years old and was earning Rs.3,200/- per month by driving tractor, which is in the ownership of opponent No.1. It is further the case of the claimants that the deceased was po

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