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2021 Supreme(Guj) 1208

VIKRAM NATH, R. M. CHHAYA, B. N. KARIA
VALIBEN LAXMANBHAI THAKORE (KOLI) – Appellant
Versus
KANDLA DOCK LABOUR BOARD – Respondent


Advocates:
Advocate Appeared:
For the Appellants : HEMAL SHAH, VIBHUTI NANAVATI, MAKBUL I. MANSURI, IMTIYAZ MANSURI.
For the Respondents: MAULIK J. SHELAT, YOGI K. GADHIA, DAKSHESH MEHTA, ABHIRAJ TRIVEDI.

ORDER :

1. Identical issues are raised in all the appeals and referred by the Division Bench, hence all the appeals were heard together and are dealt with by this common judgment and order.

2. The facts as stated in First Appeal No. 3907 of 2017 are made basis of this judgment and order.

2.1. The present appeal under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as the “Act” for sake of brevity) arises out of judgment and award dated 28.07.2017 whereby learned Tribunal was pleased to dismiss the claim petition of the appellants. The present appeal is filed by the legal heirs of deceased Laxmanbhai Thakore who succumbed to injuries in motor accident which took place on 24.03.2003. As per the record, deceased Laxmanbhai Thakore was driving the Ambulance bearing registration no. GJ-12-T-1920 from Gandhidham to Ahmedabad, during the course of employment, with Kandla Dock Labour Board. As per the facts which can be culled out from the record, there were three other occupants i.e. one second driver also an employee of the Kandla Dock Labour Board, one patient and one person accompanying along with the patient, out of them, three succumbed to the said injuries. Appella

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