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2022 Supreme(Guj) 1461

VAIBHAVI D. NANAVATI
Puriben Dhanajibhai Khandhar – Appellant
Versus
Hemantbhai Manjibhai Nakum – Respondent


Advocates:
Advocate Appeared:
MR PREMAL S. RACHH, MR AJAY R. MEHTA

JUDGMENT :

1. Being aggrieved by the judgment and award dated 09.01.2019 passed in Motor Accident Claims Tribunal (Auxi) and 5th Additional District Judge, Jamnagar, the appellants herein are constrained to approach this Court by way of filing the present First Appeal challenging the said judgment and order, so far as quantum of compensation and contributory negligence are concerned.

2. The appellants - original claimants are the legal heirs and legal representative of the deceased, had filed present claim petition seeking compensation to the tune of Rs.12,00,000/- from the opponents on account of death of deceased due to injuries sustained by him in an accident which occurred on 07.01.2009 at the time and place specified in the petition involving the Tanker No.GJ-10-X-5828 which was being driven in a rash and negligent manner by the driver opponent No.1, which was of the ownership of the opponent No.2 and insured by Opponent No.3 and thereby sought for compensation as referred above.

3. As per the case of the appellants - original claimants, on 07.01.2009, the deceased was going

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