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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
J.L. ODEDRA
Aarifali Sherali Saiyed – Appellant
Versus
Yakubmohhamed Lunat – Respondent
JUDGMENT :
J.L. ODEDRA, J.
ORDER in First Appeal No.1843 of 2015:
1. The present appeal arises from the judgment and award passed in MACP No.191 of 2007 dated 24.05.2013 by the learned Motor Accident Claims Tribunal (Aux.), Vyara.
2. It appears that by way of the common impugned judgment and award, the Tribunal has been pleased to award a sum of Rs.4,08,240/- along with the simple interest at the rate of 8% per annum in MACP No.191 of 2007 and in respect of MACP NO.192 of 2007, the award amount is Rs.2,86,400/- along with the simple interest at the rate of 8% per annum. It may be noted that the MACP No.191 of 2001 is in respect of the injured claimant Mr.Aarifali Sherali Saiyed. Where, insofar as the heirs of the deceased Rameshbhai Rathod have preferred MACP No.192 of 2007.
3. The accident is of 30.05.2007. It appears that on the fateful day, at about 9:30 p.m., the applicant of MACP No.191 of 2007, together with one Mr.Rameshbhai Bhulabhai Rathod were travelling on motorcycle belonging to the claimant of MACP No.191 of 2001, bearing registration no.GJ-15-E- 5805. They were travelling on Surat-Dhulia Highway road. When they reached the outskirts of village Paniyari, an ST bus bearing r
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