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2023 Supreme(Guj) 345

GITA GOPI
Sangada Rajeshbhai Kanjibhai – Appellant
Versus
Saburbhai Narsingbhai Pasaya – Respondent


Advocates Appeared:
For the Appellant : Ms. D.B. Zala for Mr. A. A. Zabuawala.
For the Defendant : Mr. Palak H. Thakkar.

JUDGMENT :

1. ADMIT. Mr. Palak Thakkar, learned advocate waives service of notice of admission on behalf of respondent no.3.

2. The facts of the case suggest that on 16.7.2011 at about 01:00 p.m., the deceased and the minor daughter were traveling in a rickshaw bearing registration no. GJ-17 U- 4553. The rickshaw was driven in a rash and negligent manner by opponent no.1, as a result of which, the deceased was thrown out of the said rickshaw and was struck down on the road and hence, sustained serious injuries. It is stated that she was admitted in the Samir Hospital, Dahod, where she succumbed to the injuries during treatment.

3. Ms. D.B. Zala, learned advocate for Mr. Zabuawala, learned advocate for the appellants submits that the challenge is given to the judgment and award dated 6.1.2016 passed in MACP no.422 of 2011 primarily with a prayer to enhance the award amount.

4. Ms. Zala submits that the Tribunal has not considered the age of the appellant in accordance with evidence and has committed grave error in assessing the income of the deceased who was doing agriculture work an

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