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2023 Supreme(Guj) 316

ANIRUDDHA P. MAYEE
JARINABEN WD/O SHABBIRBHAI MALEK – Appellant
Versus
DIPAKBHAI VAKALABHAI SHUKLA – Respondent


Advocates:
Advocate Appeared:
For the Appellant : DHRUV K. DAVE.
For the Respondent: KIRTI S. PATHAK.

JUDGMENT :

ANIRUDDHA P. MAYEE, J.

1. This First Appeal is preferred by the appellants against the impugned judgment and award dated 26.03.2019 passed in Motor Accident Claims Petition No. 1317 of 2012 by the Motor Accident Claims Tribunal, Vadodara whereby the learned Tribunal has awarded the compensation of Rs.8,01,250/- along with interest @ 9% per annum.

2. The factual matrix in the present appeal is as follows:

    2.1 The deceased -Shabbirbhai Vajirbhai Malek was riding motorcycle bearing Registration No. GJ-6-DF-2237 and going from Village Ranu to Village Sadhi on 16.09.2012. The deceased was driving his motorcycle on the correct side of the road. When he reached on the road proceeding towards Village Ranu, he came to be knocked down by Eicher Tempo which was being driven in rash and negligent manner. As a result, the deceased received grievous injuries on his head and died on the spot.

2.2 An offence also came to be registered at the Padra Police Station vide I-CR No. 181 of 2012 against the driver of the Eicher Tempo. At the time of death, the deceased was aged about 47 years an

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