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2024 Supreme(Online)(GUJ) 24836

HIGH COURT OF GUJARAT
MR. JUSTICE J. C. DOSHI, J
NANDABEN WD/O DECEASED DILIPBHAI @ DIWANSINGH DAYABHAI – Appellant
Versus
JAYANTIBHAI HARIBHAI PATEL – Respondent


Petitioner Advocates:MR DHARMESH V SHAH(1050) ,Respondent Advocate: RULE SERVED(64)

ORAL 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 7.12.2011 passed by the Motor Accident Claims Tribunal, Ahmedabad Rural at Mirzapur in Motor Accident Claim Petition No.945 of 1999.

2. Brief facts of the case are as under:

2.1 As per the case, the accident was occurred on dated 5.11.1998. Due to the accident, deceased sustained serious injuries and he died on the spot.

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 modifying the award impugned accordingly and this appeal may be allowed.

4. Per contra, learned advocate for respondent – Insurance Company has submitted that the impugned judgment and award passed by the Tribunal is just and pr

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