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2022 Supreme(Guj) 1522

ASHOKKUMAR C. JOSHI
Oriental Insurance Co Ltd. – Appellant
Versus
Bipinbhai Muljibhai Padhiyar – Respondent


Advocates:
Advocate Appeared:
MR MAULIK J SHELAT, MR MOHSIN M HAKIM, MR. RAHUL R DHOLAKIA, Adv.

JUDGMENT :

1. This is an appeal under Section 173 of the Motor Vehicles Act, 1988 arising out of the judgment and award dated 31.12.2019 rendered by the learned Motor Accident Claims Tribunal (Auxiliary) and 10th Additional District Judge, Vadodara (the Tribunal) in Motor Accident Claim Petition No. 1750 of 2009 (claim petition), whereby, the Tribunal was pleased to award compensation of Rs.2,62,320/- together with interest at the rate of 9% per annum from the date of claim petition till realization against the total claim of Rs.50 lakh, as claimed by the respondent Nos. 1 and 2 - original claimants towards the death of the deceased. Accordingly, the appellant – insurance company – original opponent No. 2 has preferred this appeal challenging the said award.

2. Since the facts of the case are not in dispute, the Court deems it proper not to discuss the same.

3. Heard, learned advocate Mr. Maulik Shelat for the appellant, learned advocate appearing for Mr. Mohsin M. Hakim for the respondent Nos. 1 and 2 and learned advocate Mr. Rahul Dholakia for the respondent No. 5.

4. The main thrust of the arguments of the learned advocate for the appellant is that the award of compensation under th

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