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2022 Supreme(Guj) 1719

ASHUTOSH J. SHASTRI
New India Assurance Co Ltd. – Appellant
Versus
Ravjibhai Kachrabhai Vaghri – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR VIBHUTI NANAVATI

JUDGMENT :

1. Present First Appeal under Section 173 read with Section 166 of the Motor Vehicles Act, 1988 is filed for the purpose of challenging the legality and validity of judgment and award passed by the learned Motor Accident Claims Tribunal (Main), Ahmedabad (Rural), Ahmedabad on 25.11.2010 in M.A.C. Petition No.464 of 2001.

2. Brief facts of the present appeal are as under:-

[2.1] On 19.03.2001, the respondent No.3 - original claimant was walking on the side of the road and at that time, the driver of Truck bearing registration No.GJ-1-UU-7595 took the truck in a reverse direction and dashed with the original claimant. As a result of this, the original claimant sustained fracture on left leg, rupture of urethra and the injuries on other parts of the body. At the time when this incident took place, the original claimant was aged about 27 years, doing labour work and he was earning Rs.3500/- per month. As such, the claim petition was filed for the purpose of seeking compensation of Rs.2,50,000/- from the original opponents-company. The said petition was registered as M.A.C. Petition No.464 of 2001 before the Motor Accident Claims Tribunal (Main), Ahmedabad (Rural), Ahmedabad.

[2.

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