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2023 Supreme(Guj) 696

GITA GOPI
Dalpatsinh Dasubha Jadeja Father Of Decd Himmatsinh – Appellant
Versus
Dineshkumar Karsandas Bhil – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR HEMAL SHAH
For the Respondent: MADANSINGH O BAROD, MR DAKSHESH MEHTA, MR RATHIN P RAVAL, MR. RUSHANG D MEHTA

JUDGMENT :

1. By way of this Appeal, the Appellants-claimants have challenged the judgment and award dated 04.07.2018 passed by the learned Motor Accident Claim Tribunal (Aux.) & 9th (Ad-Hoc) Additional District Court, Anjar- Kachchh in M.A.C.P. No.882 of 2015 which was originally numbered as M.A.C.P. No.361 of 2010 registered at Gandhidham-Kachchh and was thereafter transferred to Anjar-Kachchh.

2. The facts as can be enumerated are that on 02.07.2010, at about 21.00 hours, the deceased was travelling in a Maruti Swift Car bearing Registration No.GJ-12-AE-8834 and was on the road, and as per the claimants, suddenly the respondent No.1 stopped his Truck bearing Registration No.GJ-24-GA-0395 without any signal / warning, as a result of which the Maruti Swift Car dashed behind the truck. Grievous injuries were sustained by the deceased, as a result of which the deceased died on the spot.

3. Learned Advocate for the appellants – claimants Mr. Hemal Shah submitted that the appeal has been raised on the ground that the compensation amount granted ought to have been granted on the basis

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