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2023 Supreme(Guj) 979

S. V. PINTO
Dashrathbhai Mohanbhai Nai (Deceased) – Appellant
Versus
Niranjanbhai Pranjivandas Talati – Respondent


Advocates Appeared:
For the Appellant : Deceased Litigant, Mr. Amit N. Patel.
For the Defendants : Ms. Hina Desai, Rule Served, Rule Unserved.

JUDGMENT :

1. This appeal has been filed by the appellants- legal heirs of the original claimant against the respondents-original opponents under Section 173 of the Motor Vehicles Act, (‘The Act’, for short) against the judgment and award passed by learned M.A.C. Tribunal, Fast Track Court No. 3 at City Civil and Sessions Court, Ahmedabad in Motor Accident Claim Petition No. 712 of 2022 on 12/03/2007. The parties are hereinafter referred to as the claimant(s) and the opponent(s) as they stood in the original petition for the sake of convenience, clarity and brevity.

2. The brief facts that emerge from the record of the case are as under:-

2.1 That on 15/08/2002 at about 22.30 pm the original claimant, after closing his hair cutting shop, was going on his scooter bearing registration no. GJ-1-D-369 and at about 23.00 hrs, when the claimant was crossing Prince Corner Cross Road, situated at Ankur-Kameshwar Mahadev Mandir Road, the opponent No.1 came driving Kinetic Honda bearing registration No. GJ-1-AK-847, which was in the ownership of opponent No. 2 and insured with the opponent no. 3, from Prince Corner to Sanghavi Road in a rash and negligent manner and dashed the Kinetic Honda wi

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