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2023 Supreme(Guj) 350

GITA GOPI
National Insurance Co. Ltd. – Appellant
Versus
Shobhnaben Mukeshbhai Parmar – Respondent


Advocates Appeared:
For the Appellant : Mr. Sunil B. Parikh.
For the Defendant : Jenil M. Shah.

JUDGMENT :

1. Challenge in these appeals is given to a common judgment and award passed by the learned Motor Accident Claims Tribunal (Main), Bhavnagar (the Tribunal) on 31.12.2018 in Motor Accident Claim Petition Nos. 217 of 2014 and 218 of 2014 (claim petition). The claimants are married daughters of deceased parents, who, on 15.05.2014 were going from Bhavnagar to Surat in a Car bearing registration No. GJ-5-CM-2986. The said car was driven by father – Shamjibhai. It is stated that he was driving the car slowly and on correct side of the road and the mother was the occupant in the said car. It is further stated that while the car was heading forward, a luxury bus No. GJ-5-AZ-2970, being driven in rash and negligent manner and in full speed, dashed with the car. Both got injured and succumbed to the severe injuries.

2. The learned Tribunal was pleased to grant compensation as under:

Head MACP No. 217 of 2014 MACP No. 218 of 2014

Future loss of income 2,37,000/- 2,90,400/-

Loss of estate 15,000/- 15,000/-

Funeral Expenses 15,000/- 15,000/-

Total 2,67,600/- 3,20,400/

3. Learned advocate Mr. Sunil B. Parikh for the appellant - insurance company contended that both the claimants, as mar

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