HIGH COURT OF GUJARAT
MR. JUSTICE J. C. DOSHI, J
GAJRAJ KALIDAS SOLANKI(MINOR) THROUGH SAVITABEN KALIDAS SOLA – Appellant
Versus
SARDARBHAI JORAJI VANZARA – Respondent
| Table of Content |
|---|
| 1. accident details (Para 1 , 2) |
| 2. claimants' appeal for enhancement (Para 3) |
| 3. insurance company's defense (Para 4) |
| 4. principle of just compensation (Para 5) |
| 5. court's reasoning on compensation (Para 6) |
| 6. enhanced compensation awarded (Para 7) |
| 7. order passed (Para 8) |
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 30.09.2008 passed by the Motor Accident Claims Tribunal, Ahmeabad in Motor Accident Claim Petition No.2161 of 1996.
2. Brief facts of the case are as under :
2.1 The brief fact of the present appeal is such that on 17.06.1996, one Vinodbhai Sonara was riding in triple on motorcycle No.GBN-4462 from Mihijada to Saroda and deceased Kalidas Kuberdas Solanki and one Kuberbhai Solanki was travelling as pillion riders and when they reached near the place of accident, one Truck bearing No.GJ-1-V-6768 came from wrong side in rash and negligent manner and dashed with the motorcycle and upon occurrence of the accident, deceased sustained fatal injuries and later on died.
3. Learned advocate for the appellants -
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