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HIGH COURT OF GUJARAT
SANDEEP N. BHATT, J
HANSABEN MANSUKHBHAI SANGANI & ORS. – Appellant
Versus
MAHMAD SHAKIL GULAR RASUL SAIYET & ORS. – Respondent
| Table of Content |
|---|
| 1. circumstances surrounding the accident and initial claim. (Para 1 , 2) |
| 2. arguments regarding the inadequacy of compensation. (Para 3 , 4) |
| 3. court's analysis of compensation calculation. (Para 5) |
| 4. final rulings leading to the increase in compensation. (Para 7 , 8) |
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
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