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2023 Supreme(Guj) 638

VAIBHAVI D. NANAVATI
Chauhan Shardadevi WD/O Hareshkumar Ganeshji – Appellant
Versus
Agariya Haidar Sabdar Ali – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr R.K.Mansuri(3205), Mr. Bhavin Thakar, For Maulik J Shelat(2500)

JUDGMENT :

1. By way of the present Appeal, the appellants herein is aggrieved by the judgment and order dated 26.12.2017 passed by the Motor Accident Claim Tribunal (Main) Arvalli at Modasa in M.A.C.P. No. 773 of 2015 (Old No. 418 of 2013). The said order passed by the Tribunal reads thus:

    “ORDER

1. The above referred claim petition is partly allowed.

2. The claimants are entitled to recover Rs. 9,06,300/- (Rupees Nine Lac Six Thousand and Three Hundred only) from the opponent no.1 and 2, jointly and severally with the proportionate cost and with interest at the rate of 9 % per annum, from the date of the claim petitions till realization:

3. The opponent no.3 is hereby exonerated.

4. The opponent no.1 and 2 are hereby directed to deposit awarded amount within 30 days of the order.

5. Deficit court fees stamp, if any, be recovered from the awarded amount and interim amount if paid be adjusted.

6. From the remaining amount, same shall be paid to the applicants, out of which, 30% amount be paid to the applicant No. 1, 20%-20% amount be paid to the applicant No.5 and 6 and 10%-10% amount be paid to the minor applicant No.2, 3 and 4.

7. The entire amount coming to share of the minor petitioners

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