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S. V. PINTO
SUREKHABEN, WD/O. PRAVINCHANDRA KACHHIYA – Appellant
Versus
MUKESH RANCHHODBHAI PATEL – Respondent
JUDGMENT :
S.V. PINTO, J.
1] This appeal has been filed by the appellants-original claimants against the respondents-original opponents under Section 173 of the MOTOR VEHICLES ACT , ( ‘The Act’, for short) against the judgment and award passed by learned Motor Accident Claims Tribunal (Aux.) Panchmahals @ Godhara in Motor Accident Claim Petition No. 1573 of 1999 on 7th January, 2013. The Cross objections have been filed by the original respondent No. 2-Gujarat State Road Transport Corporation against the original claimants and the original opponent No.1-driver of ST Bus No. GJ-18-V-3573. The parties are hereinafter referred to as the claimants and the opponents as they stood in the original petition for the sake of convenience, clarity and brevity.
2] The brief facts that emerge from the record of the case are as under:-
2.1] That on 24th May, 1999, Parbatsinh @ Pravinchandra Kachhiya was going as a pillion rider with his friend on a scooter and the scooter was being driven by his friend Shankarbhai slowly and on the left side of the road and while they were crossing the board of village Mehloliya, on the Lunawada-Santrampur road, ST bus No. GJ-18-V-3573 came from Lunawada side in a
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