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HIGH COURT OF GUJARAT
R.M.CHHAYA, MAUNA M. BHATT, JJ
AKSHATABEN ASHOKBHAI KHADAPE HEIRS OF DECD. ASHOK MOHANBHAI KHADAPE – Appellant
Versus
NILESHKUMAR DASHRATBHAI BARAIYA – Respondent
| Table of Content |
|---|
| 1. overview of compensation claim initiated due to a fatal accident. (Para 1 , 2) |
| 2. arguments presented by appellants regarding inadequate income assessment. (Para 5 , 6) |
| 3. court's deliberation on financial evidence and recalibration of compensation. (Para 9) |
| 4. final determination of enhanced compensation for appellants. (Para 10) |
JUDGEMENT
(PER : HONOURABLE MR. JUSTICE R.M.CHHAYA)
1. Being aggrieved by and dissatisfied with the judgment and award dated 22.01.2018 passed by the learned Motor Accident Claims (Aux.) Tribunal, City Civil Court, Ahmedabad in Motor Accident Claims Petition No.568 of 2013, the appellants / original claimants have preferred this appeal under Section 173 of the Motor Vehicles Act , 1988 (hereinafter referred to as ‘the Act’).
2. The following facts emerge from the record of the appeal:
2.1 That the accident took place on 07.09.2013. It was the case of the claimants that deceased Ashok was coming towards his home from Kathwada side by driving his motorcycle bearing Registration No.GJ-27- Q-1680. It was the case of the claimants that when the deceased reached on Sidhar Road after crossing Odhav Ring Road Circle, a dumper bearing Registration No.
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