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2023 Supreme(Guj) 80

VIPUL M. PANCHOLI, HEMANT M. PRACHCHHAK
Hiraben WD/O Karsanbhai Hadhabhai Varchand – Appellant
Versus
Ishmail Abdul Sumra – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Hemal Shah
For the Respondent: Mr Nagesh C Sood, Mr Yogi K Gadhia

JUDGMENT :

Hemant M. Prachchhak, J.

1. This appeal is filed by the appellants – claimants seeking enhancement of the compensation amount awarded by the Motor Accident Claims Tribunal (Aux.7), Anjar - Kachchh (hereinafter referred to as “the Tribunal”) vide impugned judgment and award dated 05.12.2018 passed in M.A.C.P. No.305 of 2015.

2. Brief facts of the present case are that on 11.05.2001, deceased Karsanbhai Hadhabhai Varchand was returning from Radhanpur to Khengarpar in Armada Jeep bearing registration No.GJ-24-U-61 and at about 1.00 hours, when the jeep was on Radhanpur – Santalpur National Highway Near Manpurgam, at that time a tanker bearing registration No.GJ-01-V-4850 was going ahead of the jeep and in the meanwhile, a truck bearing registration No.GQY-4473 came from the opposite direction in full speed on wrong side dashed with tanker and tanker dragged towards Radhanpar side and the rear portion of the tanker dashed with the front portion of the jeep, as a result of which, the deceased and others sustained serious injuries and the deceased succumbed to the injuries. H

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