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2024 Supreme(Guj) 838

GITA GOPI
Ramilaben Santibhai Parmar – Appellant
Versus
Gujarat State Road Transport Corporation – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Nishit A. Bhalodi.
For the Respondent: Tanmay B. Karia.

JUDGMENT :

GITA GOPI, J.

1. The appellants claimants have challenged the judgment dated 12/04/2017 passed by the Motor Accident Claims Tribunal, Kheda at Nadiad in MACP No. 488 of 2014.

2. The facts of the accident noted in the judgment suggests that on 27/02/2014, the deceased Shantibhai was coming from Fatepura to Kapadwanj riding his motor cycle and at about 11:30 a.m. on Kapadwanj-Kathalal road opposite civil court, the driver of the opponent no. 1 came driving ST bus bearing registration no. GJ-18-Y-6051 with full speed in rash and negligent manner and dashed the motor cycle at the rear side and during the accident he sustained serious fatal injuries and died on the spot.

3. Mr. Nishit Bhalodi, learned advocate for the claimants submitted that the deceased was working in a Mill and also earning from animal husbandry. Mr. Bhalodi, learned advocate submitted that according to the claimants, the deceased was earning about Rs. 15,000/- per month. Mr. Bhalodi, learned advocate submitted that the learned Tribunal has considered Rs. 3,800/- as monthly income for which Mr. Bhalodi, learned advocate submitted that in absence of corroborative documentary evidence, the learned Tribunal ought

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