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2023 Supreme(Guj) 337

GITA GOPI
BALUBEN VIKRAMSINH PARMAR – Appellant
Versus
INDRAVADAN PRAHLADBHAI PATEL – Respondent


Advocates:
Advocate Appeared:
For the Appellants : DARSHAN DAVE, KRUSHITA D. DAVE.

JUDGMENT :

GITA GOPI, J.

1. Advocate Mr. Darshan Dave for Ms. Krushita D.Dave, for the appellants submits that the claimants are seven dependents of deceased - Vikramsinh Magansinh Parmar, who had challenged the judgment and order dated 08.10.2021 passed by the Motor Accident Claims Tribunal (Main) Sabarkantha at Himatnagar in M.A.C.P. No. 142 of 2015, where the claim petition under section 166 of M.V. Act, came to be dismissed on the ground that the involvement of vehicle bearing Registration No. GJ-01-KL-4351, is not proved.

2. Mr. Dave submitted that deceased was on the correct side of Talod Road, which was from Vavdi Chokdi to Talod, and the accident occurred at about 7:30 in the evening at Dhanpura Kampa Stand, when the car no. GJ-01-KL-4351, came at very excessive speed and in a rash and negligent manner. It is submitted by Mr. Dave that in breach of traffic rule, though there was sufficient space on the road, he came negligently and dashed the deceased, who sustained severe head injury and serious injury on the chest, and during the course of treatment he was declared dead.

3. Mr. Dave submitted that FIR has been given by cousin, who was not present at the place, but under infor

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