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2024 Supreme(Online)(GUJ) 23740

HIGH COURT OF GUJARAT
MR. JUSTICE J. C. DOSHI, J
THE NEW INDIA ASSURANCE CO. LTD. – Appellant
Versus
DEVCHANDBHAI KHUMANSINH AJANAR – Respondent


Petitioner Advocates:MR TANMAY B KARIA(6833) ,Respondent Advocate: NOTICE UNSERVED(8)

ORAL ORDER

1. The instant appeal under Section 173 of the Motor Vehicle Act, 1988 at the behest of Insurance Company challenges the judgment and award delivered in M.A.C.P. No.22 of 2014 whereby learned Motor Accident Claim Tribunal granted compensation of Rs.2,35,000/- with 9% interest per annum from the date of filing the claim petition till realization with proportionate cost under Section 166 of the Motor Vehicle Act, 1988.

2. This appeal is filed in the year 2020. The claimants are not served. The owner of the offending vehicle is served and is represented by learned advocate Mr.Dhairyawan D. Bhatt. Looking to the trivial issue involved in the matter, with the consent of the learned advocates for both sides, the matter is taken up for final hearing.

3. The brief facts of the case are as under.

3.1 On 27.07.2013, at about 12.30 p.m. applicatns were working in Jay Ganesh Ceramic Factory and their house-hold kits was lying in the open land of factory, near house-hold kits, their minor son Arvind was sleeping by covering plastic cover. At that time one loader Tractor No.GJ-3EA-9020 was reversing by the opponent No.1 in a rash and negligent manner with excessive speed as a result of th

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