GUJARAT HIGH COURT
NEW INDIA INSURANCE COMPANY LTD – Appellant
Versus
HARUN ISMAIL MADARA – Respondent
ORAL JUDGMENT
(PER : HONOURABLE MR.JUSTICE JAYANT PATEL)
1. Leave to delete Respondents No.1 & 2.
2. Admit. Mr. M.T.M. Hakim waives notice of admission for original claimants No.3 to 10.
3. The present Appeal is directed against the Judgment and the Award passed by the Tribunal in M.A.C. Petition No. 1442 of 2007, whereby the Tribunal has awarded compensation of Rs.14,13,000/- with interest at the rate of 9 % p.a.
4. The short facts of the case are that on 8.2.2007, deceased Haji Yakub Abdul Sattar Pada and his son had gone to village Vadelav. At about 17.00 hours when Haji Yakub was standing on the road side along with his motor cycle, near bus-stand, one motor truck bearing No. G.R.Q. 6811 dashed with the deceased since the driver of the motor truck was unable to control the speed, which has resulted into serious accident and deceased sustained injuries and ultimately succumbed to the injuries. Such accident gave rise to the claim petition, being M.A.C. Petition No. 1442 of 2007 for compensation of Rs.40,10,000/-. The Tribunal, at the conclusion of the claim petition, ultimately passed the above referred Judgment and the Award.
5. Under the circumstances, the present Appeal before thi
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