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Baisaba Premsung Jadeja & 1 vs Apex Excavators & 1S

High Court Of Gujarat|15 March, 2012
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JUDGMENT / ORDER

1. By way of this appeal, the appellants- original claimants have challenged the judgement and award dated 05.09.2009, passed by the Motor Accident Claims Tribunal(Auxi.), Kutch at Bhuj, in M.A.C.P. No. 830 of 2002, whereby the tribunal has awarded compensation in the sum of Rs. 2,67,834/- to the claimants with interest at the rate of 9% 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 01.10.2002 one Dhirubha Premsang Jadeja was standing near school compound. At that time one GCB bearing registration No. GJ-A-01M-3328 came and dashed him. As a result of which he sustained grievous injuries and due to which he died. Therefore, the legal heirs of deceased filed claim petition being M.A.C.P. No.830 of 2002 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 claimants.
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

Baisaba Premsung Jadeja & 1 vs Apex Excavators & 1S

Court

High Court Of Gujarat

JudgmentDate
15 March, 2012
Judges
  • Ks Jhaveri
Advocates
  • Mr Mehul S Shah
  • Mr Suresh M Shah