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2022 Supreme(Guj) 1222

HEMANT M. PRACHCHHAK
HEIRS OF DECEASED BACHUBHAI KACHARABHAI VAGHELA – Appellant
Versus
AHMEDABAD MUNICIPAL CORPORATION – Respondent


Advocates:
Advocate Appeared:
For the Appellants : KARAN DHOMSE, SATYEN B. RAWAL.
For the Respondent: KALPANAK RAVAL.

JUDGMENT :

HEMANT M. PRACHCHHAK, J.

1. Both the First Appeals being First Appeal No. 4506 of 2009 and First Appeal No. 4507 of 2009 arising from the Motor Accident Claims Petition Nos. 1571 and 1572 of 1998 are filed by the original claimants for enhancement of the compensation amount awarded by the learned Tribunal.

2. The First Appeal No. 4506 of 2009 is filed by the legal representatives and legal heirs of the deceased Bachubhai Kacharabhai Vaghela. The second First Appeal being First Appeal No. 4507 of 2009 is filed by the injured minor Gitaben Bachubhai.

3. Feeling aggrieved and dissatisfied with the impugned judgment and award dated 27.9.2001 passed by the learned Motor Accident Claims Tribunal, Ahmedabad, (herein after referred to as the “Tribunal”) in Motor Accident Claims Petition Nos.1571 and 1572 of 1998, the claimants of both the claim petitions have preferred present First Appeals.

4. The short facts giving rise to present First Appeals are as under:

    4.1 On 10.8.1998 at 6.00 p.m. the deceased Bachubhai Kacharabhai Vaghela, carrying his minor daughter Gita, was on his way

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