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2024 Supreme(Online)(GUJ) 23309

HIGH COURT OF GUJARAT
MR. JUSTICE SANDEEP N. BHATT, J
DIVYABA JAYENDRASINH JADEJA – Appellant
Versus
RAJESHKUMAR VITTHALBHAI PATEL – Respondent


Advocates:
MR.HIREN M MODI(3732) for the Appellant(s) No. 1,2; MR PALAK H THAKKAR(3455) for the Defendant(s) No. 4

ORAL JUDGMENT

1. The present First Appeal, under Section 173 of Motor Vehicles Act, 1988 , is preferred by the appellant/s – original claimant/s – legal heirs of the deceased, being aggrieved and dissatisfied with the judgment and award dated 05.12.2013 passed by the Motor Accident Claims Tribunal (Aux.), Ahmedabad (Rural) in Motor Accident Claim Petition No.59 of 2005, by which the Tribunal has awarded compensation of Rs.6,90,096/- with 7.5% per annum interest from the date of filing claim petition till its realization, to the claimant/s, holding Opponents No.1 to 4 i.e. owner and insurance company of the Truck bearing registration No.GJ-9- V-3057 and Swaraj Mazda Truck bearing registration No.GJ-

1-AT-444, respectively, liable, jointly and severally.

2. Brief facts of the case, as per claimant/s, are as under :

2.1 That on 02.07.2004, the deceased – Jayendrasinh Jadeja was driving Swaraj Mazda Truck bearing registration No.GJ-1-AT-444 and proceeded from Mumbai to Ahmedabad obeying traffic rules in moderate speed. At that time, driver of the Truck bearing registration No.GJ-9-V-3057 which was going ahead applied sudden break without showing any signal and stopped his vehicle in the

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