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2023 Supreme(Guj) 18

ANIRUDDHA P. MAYEE
Nirmalaben Alias Babuben Jyotindrabhai – Appellant
Versus
Gafurbhai Ibrahimbhai – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MS AMRITA AJMERA
For the Respondent: MR ADITYASINH JADEJA, MR GC MAZMUDAR, MR HG MAZMUDAR, MS KIRTI S PATHAK, adv

JUDGMENT :

ANIRUDDHA P. MAYEE, J.

1. This First Appeal is preferred by the appellants against the impugned judgment and award dated 25.02.2019 passed in Motor Accident Claims Petition, being MACP No.162 of 2013 by the Motor Accident Claims Tribunal (Main), Surendranagar, whereby the learned Tribunal has partly allowed the claim of the appellants herein and awarded an amount of Rs.10,62,000/- along with interest @ 9% per annum from the date of claim petition till realization as compensation.

2. The Brief facts leading to the case are as follows:

2.1 It is alleged that on 27.04.2013, the deceased was travelling in jeep bearing Registration No.GJ-13-G-1249, driven by the respondent No.5. At about 06:00 p.m., when the said jeep was near Vana, it met with an accident with a dumper bearing Registration No.GJ-13-AT-0789 which was coming from the opposite direction and being driven at excessive speed in a rash and negligent manner. As a result of which, the deceased sustained grievous injuries and succumbed to his injuries. The accident took place on account of rash and negligent driving o

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