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2023 Supreme(Guj) 775

UMESH A. TRIVEDI, M. K. THAKKER
Oriental Insurance Company Limited – Appellant
Versus
Tapan Lalitchandra Champaneria – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr Rathin P Raval
For the Respondent: Mr Anuj K Trivedi, Mr Nagesh C Sood, Mr Shrish M Trivedi, Mr Vibhuti Nanavati

JUDGMENT :

Umesh A. Trivedi, J.

1. These Appeals, under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as “the Act”) arise from common judgment and award passed by the Presiding Officer, M.A.C.P. (Aux. 3), Ahmedabad Rural, dated 29.08.2009 rendered in M.A.C.P. Nos.1283 to 1285 of 1999, preferred by Tapan Lalitchandra Champaneria and Bhikhabhai Muljibhai Champaneria for the death of Lalitchandra Bhikhabhai Champaneria, Kokilaben Lalitchandra Champaneria and Twinkle Lalitchandra Champaneria respectively, who have died in a vehicular accident on 05.04.1999 at 12:15 a.m. occurred between maruti car bearing registration No.GJ-1-RR-1495 driven by deceased Lalitchandra Bhikhabhai Champaneria, who happens to be the father of applicant No.1 – Tapan and son of applicant No.2 – Bhikhabhai Muljibhai Champaneria, and truck bearing registration No.RJ-14-1-G-0081, praying for compensation for the death of rest of the family members of claimant No.1 – Tapan Lalitchandra Chapaneriya, which came to be allowed partly awarding compensation in all the three claim petitions awarding different amount, as mentioned in the impugned judgment and award.

2. As per the case of the claimants

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