Bhartiben H. Mehta vs Babubhai Bhagwan Italiya

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Guj) 865

Bhartiben H. Mehta – Appellant
Versus
Babubhai Bhagwan Italiya – Respondent

Advocates appeared:
Ketan A.Dave, Rajesh K.Shah, Palak H.Thakkar, Advocates

JUDGMENT :

A.J.DESAI, J.

1. By way of the present appeal under section 173 of the Motor Vehicles Act,1988, the appellants- original claimants have challenged the judgment dated 10/05/2012 and award dated 21/05/2012 passed by Motor Accident Claims Tribunal (Auxi.), City Civil Court, Ahmedabad in Motor Accident Claims Petition No.474 of 2003 for enhancement of amount of compensation awarded by the Tribunal as well as findings of the Tribunal about negligence of the driver of the car, in which, the deceased was traveling, to the extent of 20%.

2. The appeal came to be admitted vide order dated 04/09/2012. As per the order dated 12/01/2015, record and proceedings were called for from the learned Tribunal, which has been received by the Registry and has been placed for perusal of this court at the time of final hearing today for deciding the appeal finally.

3. We have heard Mr.Ketan Dave, learned advocate as well as Mr.Rajesh Shah, learned advocate appearing for the appellants as well as Mr.Palak Thakkar, learned advocate appearing for the contesting respondent-Insurance company, who had insured the vehicle i.e. truck bearing registration No.GJ-2U- 8702, with which the vehicle of the deceas

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