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2024 Supreme(Guj) 1164

GITA GOPI
Bharatbhai Kalubhai Patolia – Appellant
Versus
Ghanshyam Palivala – Respondent


Advocates Appeared:
For the Appellant : Nishit A. Bhalodi.
For the Respondent: Mr. G.C. Mazmudar, Mr. H.G. Mazmudar.

JUDGMENT :

1. By way of this Appeal, the Appellants-claimants have challenged the judgment and award dated 02.11.2018 passed by the learned Motor Accident Claims Tribunal (Aux.), Junagadh in M.A.C.P. No.667 of 2005.

2. The facts as getting unfolded to raise the Claim Petition before the learned Tribunal are as under :-

On 05.06.2003, the appellants alongwith the deceased and their friends were proceeding as passengers in a Luxury Bus bearing Registration No.RJ-27-P-6355 owned by the respondent No.2 to visit Shrinathji, after purchasing the tickets. Their Bus had proceeded towards Ahmedabad via Nadiad on the Super Four Track National Highway. The Bus driver was driving the bus in full speed and in a rash and negligent manner. While they had reached about 10 Kms away from Nadiad, a Scorpio car bearing Registration No.GJ-3-AB-1510 was proceeding in front of the Luxury Bus in full speed and in a rash and negligent manner. The driver of the Scorpio car suddenly applied brakes, the luxury bus collided at the rear side of the Scorpio car, the Luxury bus turned turtle three-four times and fell in a pit about 30 feet deep. Injuries were sustained by others while the deceased was taken to Nad

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