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2022 Supreme(Guj) 573

SANDEEP N.BHATT
Hardasbhai Raymalbhai Gohil – Appellant
Versus
Sanjaybhai Arvindbhai Jabuani – Respondent


Advocates Appeared:
For the Appellant : Mr. Mehul S. Shah.
For the Defendants : Dharmesh D. Nanavaty, Mr. Maulik J. Shelat.

JUDGMENT :

1. The present First Appeal is preferred by the Original Claimant-Hardasbhai Raymalbhai Gohil under Section 173 of the Motor Vehicles Act, 1988, by being aggrieved and dissatisfied with the judgment and award passed in Motor Accident Claim Petition No.22 of 2010 by the Motor Accident Claims Tribunal (Auxiliary), Dhrangadhra dated 28th November, 2014, by which the Tribunal has dismissed the Claim Petition.

2. The brief facts of the case are as such that, on 26.09.2009, at about 10:00 hours claimant was riding his motorcycle in moderate speed on the right side of the road going to Halvad. When he reached near Maliya Four road, at that time, the Opponent No.2 came with his Santro car bearing registration number GJ-12-P-8428 with full speed and in rash and negligent manner and collided with the claimant. The Claimant had fallen down and received grievous and serious injuries. Therefore, the claimant has filed the Claim Petition to get compensation of Rs.11,00,000/- as he was earning Rs.1,50,000/- from his agricultural work.

3. The Tribunal has issued notices to the opponents. The Opponent Nos.1 & 2 have not filed their reply. The Opponent No.3 has appeared and filed written sta

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