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2025 Supreme(GUJ) 309

HIGH COURT OF GUJARAT
MR. JUSTICE J. C. DOSHI, J
RAMESHBHAI GAGUBHAI JAMOD – Appellant
Versus
BHARATBHAI MADHUBHAI SIROYA – Respondent


Petitioner Advocates:MR KRUNAL R SAKSENA(5915) ,Respondent Advocate: NOTICE SERVED(4)

ORDER :

1. The present First Appeal, under Section 173 of Motor Vehicles Act, 1988, is preferred by the appellants – original claimants being aggrieved and dissatisfied with the judgment and award dated 07.08.2020 passed by the Motor Accident Claims Tribunal, Ahmedabad (Rural) in Motor Accident Claim Petition No.1086 of 2014.

2. Brief facts of the case are as under:

2.1 The brief fact of the present appeal is such that on 28.01.2014, when deceased was going to village Bas on motorcycle No.GJ-1-PL-150 and when he reached near the place of accident, one Car bearing No.GJ-5-CQ-2150 came in rash and negligent manner and dashed with the motorcycle driven by the deceased and upon occurrence of the accident, sustained fatal injuries and later on died.

3. Learned advocate for the appellants - claimants has submitted that the Tribunal has committed an error in not properly calculating the amount of compensation. He has submitted that amount of award is on lower side as the Tribunal has not properly considered the various aspects; like prospective income of the deceased, negligence, liability and family circumstances, etc.

3.1 He has submitted that the compensation is required to be enhanced by m

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