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2022 Supreme(Guj) 1671

SANDEEP N. BHATT
DIVISIONAL CONTROLLER (GODHARA) – Appellant
Versus
DAXABEN VIKRAMBHAI BHARWAD – Respondent


Advocates:
Advocate Appeared:
For the Appellant : HARDIK C. RAWAL.
For the Respondent: M.T.M. HAKIM.

JUDGMENT :

SANDEEP N. BHATT, J.

1. The present First Appeal is filed by the appellant-S.T. Corporation being aggrieved by and dissatisfied with the judgment and award dated 10.12.2012 passed by the Motor Accident Claims Tribunal (Aux.) Panchmahals at Godhra in Motor Accident Claim Petition No. 1145 of 2008, by which the Tribunal has partly allowed the claim petition and thereby awarded Rs. 910,12,100/- to the claimants by holding S.T. Driver 100% negligent for the accident.

2. Brief facts of the case are that, on 10.03.2008, the deceased-Vikrambhai was going on his motorcycle in very slow speed from Vadodara to Godhra, at that time, at about 07:15 hours, the opponent No. 1-present respondent No. 3-driver of the ST Bus bearing Registration No. GJ-17-Y-159 came with the bus in rash and negligent manner and dashed with the motorcycle near Mouje Boru turning. The deceased received multiple injuries and ultimately, he succumbed to the injuries. Criminal complaint being CR-I No. 66 of 2008 has been lodged before the Kalol Police Station, District : Panchmahals and claim petition has been filed by the heirs of the deceased i.e. widow and son, before the Tribunal. Notices were served and the

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