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2023 Supreme(Guj) 362

GITA GOPI
VIJAY KANUBHAI RANA – Appellant
Versus
SURENDRAKUMAR PRATAPSINH (Deleted) – Respondent


Advocates Appeared:
For the Appellant : Mr. Mohsin M. Hakim.

JUDGMENT :

1. By way of this Appeal, the Appellant-claimant has challenged the judgment and award dated 25.01.2021 passed by the learned Motor Accident Claims Tribunal (Aux.), Kheda at Nadiad in M.A.C.P. No.675 of 2018 on the ground that the learned Tribunal failed to consider the medical evidence, the injury certificate issued by Radhaswami Multi-speciality Hospital, Nadiad as also the Certificate issued by the Dr. Supreet Prabhu of E-N-T Hospital, Nadiad – Exhibits 48 and 49 respectively. Further, though the Disability Certificate has been referred in the judgment and award, but the learned Tribunal has not assessed the compensation amount accordingly.

2. The facts in brief can be noted, that on 28.08.2017, the claimant and others were traveling in a Rickshaw bearing Registration No.GJ-7-VW-1807 and when they reached at the place of accident, the respondent No.1 came driving a Truck bearing Registration No.HP-19- D-2605 from Nadiad to Dakor and ahead of the said Truck there was a FIAT Car bearing Registration No.GJ-20-A-4669 which was being driven in a moderate speed and on the

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