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2024 Supreme(Online)(GUJ) 22732

HIGH COURT OF GUJARAT
MR. JUSTICE SANDEEP N. BHATT, J
BHAVIK SUBODHCHANDRA SHAH – Appellant
Versus
NARANBHAI KODARBHAI PATEL – Respondent


Advocates:
MR SANDIP C SHAH(792), MR GC MAZMUDAR(1193), MR HG MAZMUDAR(1194)

ORAL ORDER

1. The present First Appeal, under Section 173 of Motor Vehicles Act, 1988 , is preferred by the appellant – original claimant, being aggrieved and dissatisfied with the judgment and award dated 11.12.2007 passed by the Motor Accident Claims Tribunal (Aux.), Ahmedabad, in Motor Accident Claim Petition No.1426 of 1996, by which the Tribunal has awarded compensation of Rs.1,13,900/- with 7.5% per annum interest to the claimant, holding original Opponent Nos.1 to 3 liable, jointly and severally.

2. Brief facts of the case are as under:

2.1 The vehicular accident which took place on 18/7/1996 near Haripura village, on Ahmedabad Dhandhuka highway. The applicant was traveling in Metador No. GJ 1 T 3767 driven by opponent no.1, when reached near place of accident, one Truck No. GTG 2560 was parked stationary on road without any indication, hence the Metador dashed with Truck and in the accident applicant with other passengers sustained serious injuries. The injuries resulted in to permanent disability hence claimed compensation from opponents.

2.2 After considering the documentary as well as oral evidence and submissions made at the bar, the Tribunal has partly allowed the claim

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