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2022 Supreme(Guj) 1042

MAUNA M. BHATT
Shantaben Sanjaykumar Prajapati – Appellant
Versus
Daudbhai Abubhai Kadri – Respondent


Advocates Appeared:
For the Appellants : Mr. A.V. Prajapati.
For the Defendants : Mr. Palak H. Thakkar.

JUDGMENT :

1. This appeal under Section 173 of the Motor Vehicles Act, 1988 (“the Act” for short) is filed by the original claimants as appellants challenging the judgement and award dated 19/12/2013, passed by the Motor Accident Claims Tribunal (Aux-4), Mehsana in Motor Accident Claim Petition No.505 of 2009, wherein claim petition filed by the original claimants came to be allowed in part and compensation of Rs.5,98,500/- was awarded with interest at the rate of 9% per annum from the date of filing of the claim petition till realization.

2. Brief facts, arising from the record, are as under :

On 10/06/2009 at around 6:00 hours in the morning, Sanjaykumar Manilal Prajapati was going driving a scooter bearing registration No.GJ-2-AE-4138 with his nephew Jaimin as pillion rider. Sanjaykumar was going to the school at Kadi to drop his nephew. When he was coming back and reached near Anand park society, Kinara Cinera at Kadi-Nandasan Highway, a Truck bearing registration No.GJ-14-T- 3295 came in rash and negligent manner with full speed and dashed with scooter of Sanjaykumar Manilal Praj

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