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Civil Judge Gsrtc ­ vs Vasantkunvarba M Jadeja & 11 ­ Defendants

High Court Of Gujarat|25 January, 2012
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JUDGMENT / ORDER

1. This appeal has been preferred against the judgment and award dated 19.08.1996 passed by the Motor Accident Claims Tribunal (Spl.), Kheda at Nadiad in M.A.C.P. No.745/1984 whereby, the claim petition was partly allowed and the original claimants were awarded total compensation of Rs.2,23,444/- along with interest at the rate of 15% per annum from the date of application till its realization.
2. The facts in brief are that on 24.02.1984 while Mahipatsinh Bapubha Jadeja was returning to Sikka from Vadodara in a Jeep bearing registration No. GUB 9824, it was dashed by an ST bus bearing registration No.GRR 9488 belonging to the appellant-Corporation. In the said accident, Mahipatsinh sustained severe bodily injuries and ultimately, died. His legal heirs, respondents no.1 to 7 herein, filed the claim petition before the Tribunal, which came to be partly allowed, by way of the impugned award. Being aggrieved by the same, the appellant-Corporation has preferred the present appeal.
3. Mr. U.I. Vyas learned counsel for the appellant- Corporation fairly conceded that he would not be in a position to assail the impugned award passed by the Tribunal on merits. He, however, requested that the rate of interest awarded by the Tribunal is on the higher side and that the same may be reduced.
4. Heard learned counsel for the respective parties. In view of the admission made by learned counsel Mr. Vyas, the impugned award passed by the Tribunal is not disturbed so far as the merits are concerned. However, so far as the rate of interest is concerned, the same is reduced to 12% per annum. Accordingly, the impugned award is modified to the extent that the original claimants shall be entitled for total compensation, as has been awarded by the Tribunal, along with interest at the rate of 12% per annum from the date of application till its realization. The impugned award stands modified to the above extent only. The appeal stands disposed of accordingly. No order as to costs.
[K. S. JHAVERI, J.] Pravin/*
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Title

Civil Judge Gsrtc ­ vs Vasantkunvarba M Jadeja & 11 ­ Defendants

Court

High Court Of Gujarat

JudgmentDate
25 January, 2012
Judges
  • Ks Jhaveri
Advocates
  • Mr Ui Vyas