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HIGH COURT OF GUJARAT
SANDEEP N. BHATT, J
USHABEN DHARMESHBHAI KAPADIYA – Appellant
Versus
DIVYESHBHAI SHARADCHANDRA SHAH – Respondent
| Table of Content |
|---|
| 1. details of the appeal and facts of the case. (Para 1) |
| 2. arguments regarding compensation calculation and its justification. (Para 3 , 4) |
| 3. court's analysis of compensation principles and review of evidence. (Para 6 , 7 , 8 , 9) |
| 4. consideration of interest rates and legislative provisions. (Para 10 , 11 , 12 , 14 , 15 , 16) |
| 5. final order and directive for compensation payment. (Para 17 , 18 , 19 , 20 , 21 , 22) |
ORAL JUDGMENT
1. The present First Appeal, under Section 173 of Motor Vehicles Act, 1988 , is preferred by the appellant/s – original claimant/s, being aggrieved and dissatisfied with the judgment and award dated 6.12.2021 passed by the Motor Accident Claims Tribunal (Aux.) Vadodara in Motor Accident Claim Petition No.1322 of 2011, by which the Tribunal has awarded compensation of Rs.34,91,000/- with 9% per annum interest to the claimant/s, holding Opponents of the vehicle in question, liable, jointly and severally.
2. Brief facts of the case are as under:
2.1 The claimants filed the claim petition stating that the deceased-Dharmeshbhai Babubhai Kapadiya was travelling in WagorR car no.GJ-6-CB-2027 which was driven by opponent no.1 and coming to Padra from Amb
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