IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
HONOURABLE MS. JUSTICE NISHA M. THAKORE
DIVISIONAL CONTROLLERV/sKANTIBHAI MATHURBHAI WAGHELA
ORAL JUDGMENT
| Approved for Reporting | Yes | No |
[1.] The present appeal is filed under Section 173 of the Motor Vehicles Act, 1988 (hereinafter to be referred as “the Act of 1988”) at the instance of the opponent no.2- Gujarat State Road Transport Corporation (hereinafter to be referred as “S.T. Corporation”) being aggrieved and dissatisfied with the judgment and award dated 29.12.2015 (hereinafter to be referred as “the impugned judgment and award”) passed by learned Motor Accident Claims Tribunal, Vadodara in M.A.C.P. No.277 of 2009.
[1.1] By the said impugned judgment and award, the Tribunal has partly allowed the claim petition preferred by the original claimants under Section 166 of the Act of 1988. The original claimants are held entitled to recover the amount of Rs.5,29,000/- with interest at the rate of 9% per anuum from the date of filing of the claim petition, till its actual realization, from original opponent nos.1 and 2, jointly and severally, with proportionate costs. Hence, the present appeal at the instance of the original opponent nos.2- S.T. Corporation, mainly challenging the issue of negligence and the quantum of compensation.
[2.] Considering the gro
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