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2022 Supreme(Guj) 1220

HEMANT M. PRACHCHHAK
NEW INDIA ASSURANCE CO. LTD. – Appellant
Versus
DUDABHAI GAGJIBHAI – Respondent


Advocates:
Advocate Appeared:
For the Appellant : PALAK H. THAKKAR.
For the Respondent: AMRITA AJMERA.

JUDGMENT :

HEMANT M. PRACHCHHAK, J.

1. The present group of appeal is filed by the New India Assurance Company Limited against the common judgment and award dated 07.08.2006 passed by learned Motor Accident Claims Tribunal (Aux.) 9th Fast Track Court, Rajkot in Motor Accident Claims Petition Nos. 1400 of 1995, 12 of 1996, 72 of 1996 and 70 of 1996 arising from one and same accident. The Tribunal partly allowed the said claim petitions of the original claimants.

2. Since present group of appeal arising from one and same accident and also from the common judgment and award passed by the Tribunal, all these appeals are decided by this common judgment and order.

3. The short facts giving rise to present appeals are that the claimants were travelling in Matador bearing registration No. GJ-13-T-5438 and the driver has driven the vehicle in rash and negligent manner and in excessive speed and lost control over the steering, due to which, the accident took place on 29.12.1995 at about 5.00 p.m. from Saat Hanuman Temple to Pir Dargah on Kuvadva National Highway. In the said accident, the claimant of M.A.C.P. No. 1400 of 1995 and claimant of M.A.C.P. No. 72 of 1996 sustained injuries and the ori

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