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Gerilal Mohanlal Shah & 2 ­ Defendants

High Court Of Gujarat|22 March, 2012
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JUDGMENT / ORDER

1. This appeal has been filed against the judgment and award dated 10.08.2004 passed by the Motor Accident Claims Tribunal [Auxi.] Sabarkantha Camp at Modasa, in M.A.C.P. No. 841 of 1993, whereby the claim petition was partly allowed and the original claimants were awarded total compensation of Rs.1,48,300/­ along with interest @ 9% per annum from the date of the application till its realization.
2. The facts in brief are that on 10.05.1993, while the appellant was driving his Rickshaw bearing No. GJ­9­T­440, at a particular place, a Tempo bearing No. GJ­5­T­1209, driven by respondent no. 1, owned by respondent no. 2 and insured with respondent no. 3, on account of rash and negligent driving, dashed the Rickshaw, as a result of which, the appellant sustained severe bodily injuries. Later on, he filed claim petition, which came to be partly allowed, by way of the impugned award. The appellant has 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 appellant 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.] /phalguni/
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Title

Gerilal Mohanlal Shah & 2 ­ Defendants

Court

High Court Of Gujarat

JudgmentDate
22 March, 2012
Judges
  • Ks Jhaveri
Advocates
  • Ms Sneha A Joshi