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GUJARAT HIGH COURT
R. M. Chhaya, Hemant M. Prachchhak, JJ.
Insurance Company – Appellant
Versus
Original Claimants – Respondent
| Table of Content |
|---|
| 1. details of the accident and initial claim. (Para 1 , 2) |
| 2. tribunal's findings on negligence and compensation. (Para 3) |
| 3. insurance company's appeal and arguments. (Para 4 , 5 , 6) |
| 4. original claimants' response to appeal. (Para 7 , 8) |
| 5. court's observations on age and multiplier application. (Para 10 , 11 , 12 , 13) |
| 6. final compensation calculation. (Para 14 , 15) |
| 7. dismissal of appeal and orders regarding compensation. (Para 16 , 17 , 18) |
1. Feeling aggrieved and dissatisfied with the impugned judgment and award dated 29.4.2009 passed by the Motor Accidents Claims Tribunal (Auxi.), Jamnagar in MACP No. 23 of 2008, the insurance company has preferred this appeal under S.173 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act').
2. It is the case of the claimants that deceased Jayvirsinh Gajubha Jhala was on duty as ASI in Traffic Branch of Jamnagar Police near Bypass Four Cross Road at Jamnagar at about 6.40 p.m. on 22.5.2007. It is further the case of the claimants that while on duty, a truck bearing registration No. GJ 11 - T 9703 was being driven by the driver from Lalpur Chaukari side in a rash and negligent manner and while the deceased was on
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