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2022 Supreme(Guj) 1794

A. J. DESAI, MAUNA M. BHATT
Ibrahim Ahmed Patel – Appellant
Versus
Vinodkumar Bhanabhai Parmar – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Nishit A. Bhalodi.
For the Respondents: Kirti S. Pathak, Sejal K. Mandavia.

JUDGMENT :

MAUNA M. BHATT, J.

1. These appeals under Section 173 of the Motor Vehicles Act, 1988 (“the Act” for short) are filed challenging the judgment and award dated 19.7.2021 passed by the Motor Accident Claims Tribunal at Bharuch in MACP No. 79 of 2017, for the same accident.

2. First Appeal No. 2483 of 2021 is filed by the original claimants as appellants seeking enhancement of compensation whereas, First Appeal No. 889 of 2022 is filed by the Gujarat State Road Transport Corporation (GSRTC) (original opponent No. 2), as appellant challenging negligence held and the quantum of compensation awarded. In MACP No. 79 of 2017, opponent No. 1 is driver of the bus, opponent No. 2 is GSRTC, opponent No. 3 is driver of Innova Car No. GJ-16-AU-5550, opponent No. 4 is owner of Innova Car and opponent No. 5 is Insurance Company of Innova Car.

3. Brief facts are:

    3.1. That on 25.2.2017, Nabil Ibrahim Patel (hereinafter referred to as “deceased”) was going in Innova Car No. GJ-16-AU-5550 to Godhra for attending the marriage ceremony of his brother. The said car was driven by original oppon

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