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2022 Supreme(Guj) 1250

GITA GOPI
KAMLABEN MAFATBHAI THAKOR PATANWADIA – Appellant
Versus
SHEIKH SIRAJ MOHAMMAD SHEIKH MOHAMMAD – Respondent


Advocates:
Advocate Appeared:
For the Appellant : NISHIT A. BHALODI

JUDGMENT :

GITA GOPI, J.

1. The present appeal is filed against the judgment and decree dated 28.11.2019 passed by learned Motor Accident Claims Tribunal, Vadodara in M.A.C.P. No. 1681 of 2009, which was filed under Section 163A of the Motor Vehicle Act, 1998 (herein after referred to as the “Act”). The said claim petition was dismissed by the Tribunal.

2. Mr. Bhalodi, learned advocate for the appellants has submitted that the Tribunal has committed an error by dismissing the claim petition on the ground that the involvement of the vehicle Jeep bearing registration No. GJ-6-AH-2205 is doubtful.

2.1 Learned advocate for the appellants submits that the Trial Court ought to have considered the provisions under Section 169 of the Act for holing an inquiry upon the police report received by the Tribunal under Section 158(6) of the Act and should have proceeded to allow the compensation to the victim or the legal heirs of the victim.

2.2 Learned advocate for the appellants submits that the Tribunal failed to exercise the power vested upon it and from the findings it becomes apparent that no efforts have been made by the Tribunal to ensure that the legal heirs of the victim receive compensatio

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