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2024 Supreme(Online)(GUJ) 8872

HIGH COURT OF GUJARAT
SANDEEP N. BHATT, J
HANSABEN MANSUKHBHAI SANGANI & ORS. – Appellant
Versus
MAHMAD SHAKIL GULAR RASUL SAIYET & ORS. – Respondent


Advocates:
For the Appellants/Petitioners: MR TUSHAR L SHETH
For the Respondents: MR RATHIN P RAVAL

ORAL ORDER

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 – Mansukhbhai Dayabhai, being aggrieved and dissatisfied with the judgment and award dated 01.12.2018 passed by the Motor Accident Claims Tribunal (Aux.), Gondal, District : Rajkot in Motor Accident Claim Petition No.360 of 2002, by which the Tribunal has awarded compensation of Rs.2,94,000/- with 9% per annum interest to the claimant/s, holding the Opponents liable, jointly and severally.

2. Brief facts of the case are as under:

2.1 That on 21.05.2002, the deceased – Mansukhbhai Dayabhai was travelling as pillion rider on motorcycle bearing registration No. GJ-3-PP-589 which was driven by deceased Dineshbhai Dhanjibhai Sangani and at about 6:00 a.m., when they reached on Gondal-Rajkot National Highway Road, near Ashapura Farm, at that time, the driver of Chhakdo Rickshaw bearing registration No.GJ-3-V-4095 came with his Chhakdo driving in rash and negligent manner, will full speed, without observing traffic rules, so as to endanger to the human life and ultimately by coming on the wrong side, dashed with the mot

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