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Ahmedabad Municipal Transport Service vs Kaluji Chhaganji Thakor & 1S

High Court Of Gujarat|14 March, 2012
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JUDGMENT / ORDER

1. By way of this appeal, the appellant- original opponent has challenged the common judgement and award dated 31.1.2002, passed by the Motor Accident Claims Tribunal, Ahmedabad, in M.A.C.P. No. 127 of 1998, whereby the tribunal has awarded compensation in the sum of Rs. 2,00,000/- to the claimants with interest at the rate of 10% per annum from the date of filing of the petition till realization.
2. The brief facts leading to filing of this appeal are that on 16.8.1997 one Ramsing Kaluji Thakor was going from his house on his bycycle for electric work. When he reached near Khokhara bridge, one A.M.T.S. Bus came and dashed the the said bicycle. As a result of the said accident, Ramsing Kalji sustained grievous injuries and due to which he died. Therefore, the legal heirs of deceased filed claim petition being M.A.C.P. No.127 of 1998 before the Tribunal. The Tribunal after hearing learned advocates for both the parties and after recording the evidence decided the claim petition and passed the award as stated herein above against which the present appeal is filed by the appellant-original opponent.
3. Learned counsel for the appellants contended that the tribunal erred in passing the impugned judgment and award. The tribunal failed to appreciate the material on record in its true perspective. Therefore, he has prayed to allow the present appeal.
4. Heard learned counsel for the parties and perused the material on record. As regards the contentions raised by the learned Counsel for the appellant with regard to the amounts awarded by the Tribunal under different heads is concerned, I have gone through the impugned award and I find that the compensation awarded under the respective heads are just and appropriate and in consonance with the evidence on record and the law on the subject. I am in complete agreement with the reasonings given by and the conclusion arrived at by the Tribunal and hence, I find no reasons to entertain the present appeals.
5. In the result, this appeal is dismissed. No order as to costs.
(K.S. JHAVERI,J.) pawan
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Title

Ahmedabad Municipal Transport Service vs Kaluji Chhaganji Thakor & 1S

Court

High Court Of Gujarat

JudgmentDate
14 March, 2012
Judges
  • Ks Jhaveri
Advocates
  • Mr Hs Munshaw