LAXMIBEN KESHAVLAL PATEL Vs. NAGINBHAI RAMJIBHAI AJMERI
LAWS(GJH)-2013-4-76
HIGH COURT OF GUJARAT
Decided on April 17,2013

Laxmiben Keshavlal Patel Appellant
VERSUS
Naginbhai Ramjibhai Ajmeri Respondents

JUDGEMENT

- (1.)THIS appeal has been filed by the original claimants under Sec.173 of the Motor Vehicles Act, 1988 being aggrieved and dissatisfied with the judgment and award dated 29-12-2006 passed by the Motor Accidents Claims Tribunal (Aux.), Bharuch in MACP No.819 of 1994 whereby the claimants were awarded Rs.6,24,228/- as total amount of compensation.
(2.)THE claim petition being MACP No.819 of 1994 was filed by the heirs of deceased Keshavlal Kanjibhai Patel claiming compensation for death of the deceased which is caused in an accident which happened on 26-3-1994 when the jeep in which the deceased was travelling from Valsad to Rajkot dashed with the offending truck near Sahyog Hotel, Ankleshwar, causing fatal injuries to the deceased and injuries to the other injured persons. The heirs of the deceased therefore filed the claim petition claiming Rs.15,55,000/- as compensation.
Upon the summons being served, opponent No.3- National Insurance Company Ltd. filed written statement denying the contents of the claim petition. Based on the pleadings of the parties, necessary issues for determination were framed by the Tribunal. After hearing the learned counsel for the parties and considering the oral as well as documentary evidence on record, the impugned award was passed by the Tribunal.

(3.)I have heard learned counsel for the appellant and have also taken into consideration the relevant oral as well as documentary evidence on record such as FIR and panchnama and other evidence.


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