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2024 Supreme(Guj) 1157

BIREN VAISHNAV, NISHA M. THAKORE
Salemamad Ishak Hingora – Appellant
Versus
Pushpaben Pushpendrakumar Dhaka – Respondent


Advocates Appeared:
For the Appellant : Mr. Hiren M. Modi.
For the Respondent: Mr. Chirayu A. Mehta, Rule Unserved.

JUDGMENT :

(Nisha M. Thakore, J.)

1. THE INTRODUCTION :

The appellants, who are the original claimants, have approached this Court seeking enhancement of the award passed by the Motor Accident Claims Tribunal, District Court- Kachchh at Bhuj (hereinafter, “the Tribunal”) in M.A.C.P. No.114 of 2010 against the present respondents-original opponents to the tune of Rs. 38 Lakhs. Vide order dated 25.09.2018, the Tribunal was pleased to partly allow the claim petition thereby awarding amount of Rs.6,37,000/- with interest at the rate of 9% from the date of filing of such claim petition till its realization.

2. THE FACTS:

The facts, in nutshell as contended by the original claimants in the claim petition, are as under:

2.1 It is the case of the original claimant that on the fateful day of the accident i.e. on 09.02.2010, the deceased Sidik Salemamad Hingora was driving the Chhakdo Rickshaw bearing registration No.GJ- 12-Z-5586 with passengers from Kothara to Bhuj with moderate speed. It is the case of the original claimants that, when he reached the place of the accident, the respondent No.1 who was driving her Santro car bearing registration No.CH-03-Y-5048, suddenly took turn without an

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