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2022 Supreme(Guj) 945

A. J. DESAI, MAUNA M. BHATT
Chandrikaben Narotambhai Patel – Appellant
Versus
Parshwanath Travels Pvt Ltd – Respondent


Advocates Appeared:
For the Appellant : Mr. Nishit A. Bhalodi.
For the Defendant : Mr. Dakshesh Mehta, Mr. Tanmay B. Karia, Mr. Rushang D. Mehta.

JUDGMENT :

Mauna M. Bhatt, J.

1. This appeal under Section 173 of the Motor Vehicles Act, 1988 (“the Act” for short) has been filed by the appellants – original claimants challenging the judgment and award dated 15.3.2019 passed by MACT (Auxi), CBI Court No.4, City Civil & Sessions Court, Ahmedabad in MACP No.398 of 2011 wherein the Tribunal awarded total compensation of Rs.26,56,324/- under different heads.

2. The brief facts are as under:

2.1. That the accident in question occurred between Maruti Alto Car No. GJ-1-HG-7729 and luxuy bus No. RJ-27-P-6466. On 17.5.2011 at about 4:30 p.m., Narotambhai Vitthalbhai Patel (hereinafter referred to as ‘deceased’) was driving a Maruti Alto Car NO. GJ-1-HG-7729, from Ahmedabad to Ambaji. When the car reached near Prantiya, the luxury bus No.RJ-25-P-6466 came from opposite direction in a rash and negligent manner and collided with Maruti Alto Car from front. For the said accident, the deceased died on the spot. The legal heirs of deceased as original claimants filed claim petition under Section 166 of the Act seeking compensation of Rs.1.5 c

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