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HIGH COURT OF GUJARAT
BIREN VAISHNAV, HEMANT M. PRACHCHHAK
Chaudhari Hareshkumar Pethubhai – Appellant
Versus
Owner of Truck No. RJ-7G-5336, Bisnoi Ramdhan Chhogaram – Respondent
JUDGMENT :
(HEMANT M. PRACHCHHAK, J.)
1. Mr.Rakesh Patel, learned counsel has tendered the copy of the death certificate of appellant No.4 – Sankuben Wd/o. Ganeshbhai Hedubhai Chaudhari issued by the Competent Authority, which is taken on record. Mr.Patel, learned counsel seeks permission to delete appellant No.4. Permission sought for is granted. The appellant No.4 is deleted.
2. The First Appeal No.2459 of 2010 is filed by the appellants – original claimants seeking enhancement of the compensation amount awarded by the Motor Accident Claims Tribunal (Aux.II), Mehsana (hereinafter referred to as “the Tribunal) in Motor Accident Claims Petition No. 518 of 2006 and First Appeal No.2937 of 2010 is filed by the appellant – Insurance Company against the quantum and negligence.
3. Since, the first appeals arise out of the same judgment and award, the same is heard and decided together by this common judgment and order.
4. Brief facts of the present case are that on 23.04.2006 at about 21.00 hours Chaudhari Pethubhai Ganeshbhai and his wife were standing at the road nearby Tavadiya pickup stand on Highway Road, at that time, the driver of truck bearing registration No.RJ-7-G-5336 owned by res
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