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2024 Supreme(Guj) 576

GITA GOPI
Ramaben Widow of Chandrakantbhai H Suryawala – Appellant
Versus
Deepakbhai Kalubhai Paralia (Deleted) – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr Sandip C Shah
For the Defendant : Mr Palak H Thakkar

JUDGMENT :

1. By way of this Appeal, the Appellants-claimants have challenged the judgment and award dated 24.04.2018 passed by the learned Motor Accident Claims Tribunal, Ahmedabad in M.A.C.P. No.536 of 2007.

2. The facts giving rise to the present Appeal can be put succinctly as under :-

On 29.12.006 at 2.30 p.m., the deceased was driving his Scooter bearing Registration No.GJ-1-CB-4170 and was going on the road in front of Swami Narayan Mandir, Ahmedabad. As stated, the scooter was on the correct side of the road, was being driven in a normal speed, following the traffic rules. At that juncture, an auto-rickshaw bearing Registration No.GJ-1-XX-2150 being driven in full speed, in a rash and negligent manner and endangering human life, came and dashed the Scooter. The deceased sustained injuries on the head, on the left side of the pelvis with multiple rib fractures (2-8). The scapula also got fractured and in addition, severe injuries were received on other parts of the body. A complaint in this regard was lodged with Madhupura Police Station as I-C.R. No.371 of 2006.

3. Heard learned Advocate for the appellants Mr. Sandip C. Shah, who submitted that the claim case was filed by the i

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