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2024 Supreme(Guj) 93

BIREN VAISHNAV, NISHA M. THAKORE
NIRMALADEVI WD/O NATHULAL KUBERJI PATEL – Appellant
Versus
SHANKERLAL DHANAJI KOTAK (MINA) – Respondent


Advocates:
Advocate Appeared:
For the Appellant : A.B. MUNSHI.
For the Respondents: G.C. MAZMUDAR, H.G. MAZMUDAR.

JUDGMENT :

NISHA M. THAKORE, J.

1. This appeal is filed by the original claimants under Section 173 of the Motor Vehicles Act, 1988 praying for enhancement of the amount of compensation for Rs. 15,49,470/- as against the judgment and award dated 22.09.2009 passed by the Motor Accident Claims Tribunal (Auxi) Himatnagar, Sabarkantha in Motor Accident Claim Petition No. 956 of 1997. By the said judgment and award, the learned Tribunal has partly allowed the aforesaid claim petition by granting compensation of Rs. 4,09,000/- along with interest at the rate of 6% p.a. from the date of filing of claim petition till its realization as well as with proportionate costs of the petition.

2. The facts of the case as emerged on record are as under:

    2.1. Three different claim petitions were moved before the Tribunal under Section 166 of the Motor Vehicles Act including the present claim petition preferred by the present appellants-original claimants. The same were heard and decided by the common impugned judgment and award. The claim petitions heard together arise out of the same accident involv

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