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2024 Supreme(Guj) 833

GITA GOPI
Sita Alias Shital Sandipbhai Parmar – Appellant
Versus
Kiritsinh P. Jadav – Respondent


Advocates:
Advocate Appeared:
For the Appellants : A.R. Dwivedi, R.G. Dwivedi.
For the Respondent: Tanmay B. Karia.

JUDGMENT :

GITA GOPI, J.

1. Challenge has been given by the injured claimant to the judgment of the Motor Accident Claims Tribunal (Auxiliary) and 5th Additional District Judge, Anand dated 24/11/2021 in MACP No. 303 of 2015.

2. The facts of the case as has been noted in the impugned judgment suggests that on 04/5/2015, the applicants of both the matters i.e. MACP No. 303 of 2015 and MACP No. 304 of 2015, were going towards village Vanchiel by travelling in trolley bearing registration no. GJ-23-V-8722 driven by opponent no. 3. It is stated that the trolley was in moderate speed and on the correct side of the road and when they reached near village Sisva Bhadran Road, they met with an accident since opponent no. 1 came driving vehicle bearing registration no. GJ-23-V-3477 in rash and negligent manner and while overtaking he came on the wrong side of the road and dashed his Icer Tempo with the trolley as a result of which both the applicants sustained injuries.

3. Mr. R.G. Dwivedi, learned advocate for the appellant submitted that the appellant claimant had deposed before the court that she was earning Rs. 5,000/- per month by doing agriculture and cattle husbandry business and inspite

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