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2023 Supreme(Guj) 389

VAIBHAVI D. NANAVATI
MANOJBHAI RANCHHODBHAI BHOI – Appellant
Versus
YASINBHAI AHMEDBHAI VAHORA – Respondent


Advocates:
Advocate Appeared:
For the Appellants : PRADEEP R. MISHRA, POOJA H. HOTCHANDANI.
For the Respondent: RATHIN P. RAVAL.

JUDGMENT :

VAIBHAVI D. NANAVATI, J.

1. This First Appeal is filed by the appellants-original claimant under Section 173 of the Motor Vehicle Act challenging the judgment and award dated 19.9.2019 passed by the learned Motor Accident Claim Tribunal (Aux.) at Anand in Motor Accident Claim Petition No. 475 of 2017. The said judgment and award according to the appellants herein is contrary to the settled principles of law as laid down in the case of Kishan Gopal and Others vs. Lala and Others, (2014) 1 SCC 244 and that the quantum of the award is on lower side and contrary to the evidence on record.

2. The brief facts leading to the filing of the present appeal read thus:

    2.1 On 16.7.2017, at about 20.30 hours when the deceased daughter of appellants was travelling in auto rickshaw No. GJ-23-Z-1589 along with her grandmother, when they reached near the place of accident driver of the auto rickshaw suddenly applied the brake, hence the vehicle coming from behind dashed with auto rickshaw which resulted in the accident. In same accident grievous injuries were sustained by the daughter of

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