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Civil Judge Nathabhai Ladhabhai Rafalia vs Patel Gopal Mohan &­ Defendants

High Court Of Gujarat|28 February, 2012
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JUDGMENT / ORDER

1. This appeal has been preferred against the judgment and award dated 26.02.1996 passed by the Motor Accident Claims Tribunal [Aux­III], Junagadh in M.A.C.P. No. 383/1988, whereby the claim petition was partly allowed and the original claimants were awarded total compensation of Rs.1,17,500/­ along with interest @ 15% per annum from the date of the application till its realization.
2. In connection with the vehicular accident that took place on 25.09.1197 in which Kalu @ Bharatkumar Nathabhai expired, the legal heirs of deceased preferred claim petition being M.A.C.P. No. 383/1988 u/s.163­A of the Motor Vehicles Act before the Motor Accident Claims Tribunal (Aux­III), Junagadh. The said claim petition was allowed in part by judgment and award dated 26.02.1996. The claimants have preferred the present appeal for enhancement of the amount of compensation.
3. Heard learned counsel for the appellants. It has been submitted on behalf of the appellants that the amount awarded by the Tribunal under different heads is on the lower side. From the record it appears that the driver ­ respondent no. 1 herein is deleted vide order dated 22.02.2012 and Tribunal has exonerated the Insurance Company. 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.] /phalguni/
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Title

Civil Judge Nathabhai Ladhabhai Rafalia vs Patel Gopal Mohan &­ Defendants

Court

High Court Of Gujarat

JudgmentDate
28 February, 2012
Judges
  • Ks Jhaveri
Advocates
  • Ms Sejal K Mandavia