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2024 Supreme(Guj) 865

GITA GOPI
Kamlaben Wd/o. Amrutlal Keshav Lal Patel – Appellant
Versus
Darbar Virbhadrasinh Mohansinhdriver – Respondent


Advocates Appeared:
For the Appellant : Mr. Vivek Hirpara for Mr. Y.N. Ravani.
For the Defendants : Mr. G.C. Mazmudar, Mr. H.G. Mazmudar, Mr. Shalin N. Mehta, Mr. Sunit S. Shah.

JUDGMENT :

1. Both the appeals arise from the common accident which challenge the judgment in MACP no.571/90 and 799/90. The judgment was declared on 23.3.2003.

2. MACP no.571/90 was filed by the legal heir and representative on the death of Amrutlal, while MACP no.799/90 was filed by the injured claimant Govindbhai Kacharabhai Patel who had filed the petition through his wife – Krishnaben Govindbhai.

3. Facts of the case as has been narrated in the impugned judgment state that on 21.1.1990, deceased Bharatkumar was driving jeep bearing registration no. GAQ – 5961 and along with him deceased Amrutlal and injured Govindbhai Kacharabhai, injured Kalidas Vithaldas Patel and others were going towards Pundhara from Lodra. At a distance of about 1 km. from Lodra, they met with an accident, since the luxury bus bearing registration no. GRX-6840 came in a full speed in a rash and negligent manner and dashed the jeep which caused death of Bharatkumar and Amrutlal and injuries to Govindbhai and Kalidas.

4. Learned advocate Mr. Vivek Hirpara for learned advocate Mr. Y.N. Ravani for the appellant submitted that the assessment of the compensation is not in accordance to the direction of the judgmen

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