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2024 Supreme(Guj) 2013

J. C. DOSHI
Minor Hasrshkumar Kalpeshkumar Chauhan – Appellant
Versus
Rajubhai Chandubhai Rami – Respondent


Advocates Appeared:
For the Appellants : Mr R. G. Dwivedi.
For the Respondents: Mr Vibhuti Nanavati.

JUDGMENT :

(J.C. Doshi, J.)

Since both the First Appeals arises out of the same road accident, with the consent of learned advocates for the parties, they are being disposed of by this common judgment and order.

2. By way of captioned Appeals, the appellants challenge Judgment and Award dated 09/01/2020 passed by the Learned Motor Accident Claim Tribunal (Aux.), Kheda at Nadiad, in M.A.C.P No. 597 of 2017 and 679 of 2017.

3. First Appeal No.2037 of 2020 is filed by the claimants – legal heirs of deceased Sangitaben for enhancement of compensation and First Appeal No.1802 of 2020 is filed by the appellant – insurance company to reduce the compensation.

4. Brief facts of the case are that on 17/06/2017 at about 19:30 Hrs. while deceased was travelling on Motorcycle No. GJ- 07-CC-3597 as pillion rider along with their one year old son on lap and husband who was driving the motorcycle, when they reached the place of accident at that time driver of Maruti Echo Car No. GJ-01- KJ-5165 by driving his vehicle very rashly and negligently with full speed and came on his wrong side and dashed his vehicle with Motorcycle of deceased and accident occurred. In same accident grievous injuries susta

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