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Civil Judge Mariyamben Bhikhabhai Shaikh ­ vs Ismailbhai Pirusha Diwan & 4 ­ Defendants

High Court Of Gujarat|31 January, 2012
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JUDGMENT / ORDER

1. This appeal has been preferred for enhancement of compensation awarded vide judgment and award dated 03.07.1997 passed by the Motor Accident Claims Tribunal (Main), Kheda at Nadiad in M.A.C.P. No.830/1987 whereby, total compensation of Rs.1,16,000/- was awarded along with interest at the rate of 12% per annum from the date of application till its realization with proportionate costs, as against the total claim of Rs.2.50 Lacs.
2. The facts in brief are that on 17.03.1987 at around 1400 hrs. while Bhikhabhai Haji Shaikh was going on the Scooter bearing registration No. GUJ 4877 as a pillion rider, which was driven by respondent no.4 herein, a Tanker bearing registration No. GTG 1925 driven by respondent no.1, owned by respondent no.2 and insured with respondent-Insurance Company, dashed the Scooter. As a result of the said accident, Bhikhabhai Shaikh fell down and sustained severe bodily injuries. He, therefore, filed claim petition before the Tribunal, which came to be partly allowed by way of the impugned award. Being dissatisfied with the compensation awarded, the appellant has preferred the present appeal.
3. Heard learned counsel for the appellants. None appears on behalf of the respondents. It has been submitted on behalf of the appellants that the amount awarded by the Tribunal under different heads is on the lower side. However, having gone through the impugned award, 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 appeal.
4. For the foregoing reasons, the appeal is dismissed. No order as to costs.
[K. S. JHAVERI, J.] Pravin/*
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Title

Civil Judge Mariyamben Bhikhabhai Shaikh ­ vs Ismailbhai Pirusha Diwan & 4 ­ Defendants

Court

High Court Of Gujarat

JudgmentDate
31 January, 2012
Judges
  • Ks Jhaveri
Advocates
  • Mr Prashant G Desai