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2022 Supreme(Guj) 1844

HEMANT M. PRACHCHHAK
United India Insurance Company Limited – Appellant
Versus
Rahimabai Bhalu Sota – Respondent


Advocates Appeared:
For the Appellant : Mr. Maulik J. Shelat.
For the Defendant : Mr. Palak H. Thakkar.

JUDGMENT :

1. Feeling aggrieved and dissatisfied by the impugned common judgment and award dated 02/30.12.2014 passed by the learned Motor Accident Claims Tribunal (Aux.), Banaskantha (hereinafter be referred to as “the Tribunal”) in M.A.C.P. Nos.598 of 2001, 597 of 2001 and 599 of 2001, the appellant – United India Insurance Company Ltd. has preferred these appeals under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as the “Act”.)

2. Following facts emerge from the record of the appeals –

2.1 That the accident occurred on 20.11.2001. It is the case of the original claimants that the deceased Marad Siddik Sota, deceased Bhalu Lakha Sota, injured Khengarji Akherajaji Jadeja and injured Roopubha Tamachi Jadeja were travelling in Jeep bearing registration No.GJ-12-K-8141 and when the claimants approached at Mankuva, the Truck bearing registration No.GJ-12-T-7166 came from front side in rash and negligent manner dashed with the said Jeep as a result of which one Murad Siddik Sota and Bhalu Lakha Sota sustained serious injuries and succumbed to the injuries and one Khengarji Akherajaji Jadeja and Roopubha Tamachi Jadeja sustained bodily injuries. Hence, the original

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