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2022 Supreme(Guj) 1723

SANDEEP N. BHATT
Gangaprasad Bhagwandas Jagid (Mistry) – Appellant
Versus
Jadeja Zuzirsinh Bhikhabhai – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR. YOGENDRA THAKORE
For the Respondent: MR MAULIK J SHELAT, MS LILU K BHAYA

JUDGMENT :

The present Appeal is preferred by the appellants who are original claimants. Being aggrieved and dissatisfied by the judgment and award in Motor Accident Claims Petition No. 582 of 2005 by Motor Accident Claims Tribunal (Aux) Mehsana dated 2.1.2007 by which the Tribunal has awarded Rs. 3,46,500/- with 9 % interest per annum from the date of claim petition.

1.1 Brief facts of the present case are as under :

2. That the Honourable Motor Accident Claim Tribunal (Aux), 4th Fast Track Court at Mehsana by his judgment and order dated 2.1.2007 was pleased to partly allow the claim of the appellants. It is the case of the claimants that on 30.7.2005 the deceased Dineshkumar Gangaprasad Jagrid Mistry was going on his motor cycle from Mehsana to Modhara Cross road and when he was driving on his motor cycle on Mehsana Ahmedabad road on the left hand side on tanker driven by the opponent no.1 came from the backside and dashed with the Motor cycle of the deceased and therefore, the deceased Dineshbhai who was aged 22 years at the time of accident he received serious injuries and succumbed to those injuries. At that relevant point of time he was earning his income by doing the work of C

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