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2022 Supreme(Guj) 1519

NIRZAR S. DESAI
Gitaben W/o Ashwinbhai Nagarbandhara – Appellant
Versus
Khalibhai Kakubhai Pinjara – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR JAGDHISH SATAPARA, MS ARCHANA P. PATEL
For the Respondent: MR YOGI K GADHIA, MRS VASAVDATTA BHATT

JUDGMENT :

1. By way of this First Appeal, the appellant has challenged the common award dated 12.08.2016 passed by the Motor Accident Claims Tribunal (Auxiliary), Vadodara in MACP No.1675 of 2001 passed below Exhibit-160.

2. Heard learned advocate Ms. Archana P. Patel for the appellants and learned advocate Mr. Yogi K. Gadhia for the respondent No.3 i.e. Insurance Company.

3. Since the award is challenged on the ground that the amount awarded by the Tribunal is not in accordance with latest law of the land, and therefore, some amount awarded by the Tribunal is awarded less than what the appellants are entitled to, and therefore, the present appeal is preferred.

4. It is the case of the claimants that the injured/deceased were traveling in S.T. Bus No.GJ-18-V-4968. Its scheduled route was via Vadodara-Dabhoi. Thus, S.T. Bus was proceeding towards Dabhoi. As soon as the S.T. Bus reached near the place of accident i.e. between Village Palaswada and Village Bhilapur, at that time, the opponent No.1 came from opposite direction by way of driving the Motor Truck No.GJ-16-U-8958. The Tru

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