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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
J. C. DOSHI, J
MANISHABEN NILESHBHAI RAVAL & ORS. – Appellant
Versus
ARVINDBHAI SOMAJI THAKORE & ORS. – Respondent
| Table of Content |
|---|
| 1. appeal challenges compensation awarded by the tribunal. (Para 1 , 3) |
| 2. arguments focus on negligence attribution and compensation assessment. (Para 4 , 5 , 6) |
| 3. court observes lack of evidence from truck driver, emphasizing negligence. (Para 7 , 8 , 9 , 10) |
| 4. court finds 80% negligence attribution unjust; emphasizes just compensation. (Para 11 , 12) |
| 5. final ruling enhances compensation, setting aside previous negligence finding. (Para 14) |
ORAL ORDER
1. This appeal under Section 173 of Motor Vehicles Act, 1988 , challenges the judgment and award passed by Motor Accident Claim Tribunal (Auxi.), Viramgam in M.A.C.P. No.14 of 2007 whereby learned Tribunal granted compensation of Rs.2,10,000/- in favour of the claimant and opponent Nos.4 to 6. The appellants are the widow and children of the deceased Nileshbhai Raval. They were arrayed as opponent Nos.4 to 6.
The claim petition was filed by the mother of the deceased.
2. Brief facts of the case are as under:
2.1 The brief fact of the present appeal is such that on 21.09.2006 the deceased Nileshbhai was retuning from Surat along with his friends Ranjitsinh and Manish Patel in Qualis Car No.GJ-13-F-1556. The car was ridden
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