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Gujarat vs Fatesingh

High Court Of Gujarat|18 April, 2012

JUDGMENT / ORDER

1. By way of this appeal, the appellants-original claimant has challenged the judgement and award dated 15.04.2005, passed by the Motor Accident Claims Tribunal, Ahmedabad, in M.A.C.P. No. 2307 of 2000, whereby the Tribunal has awarded compensation in the sum of Rs. 2,97,160/- to the claimants with interest at the rate of 6% 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 29.8.2000 on vehicular accident occurred and in the said accident, one Saileshbhai expired therefore, the legal heirs of the deceased filed claim petition being M.A.C.P. No. 2307 of 2000 before the Tribunal for compensation. 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 appellants.
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. He further contended that the Tribunal has committed error in attributing negligence. Therefore, he has prayed to allow the present appeal.
4. On the other hand, learned Counsel for the respondents have opposed the appeal and has prayed to dismiss the appeal, as being without merit.
5. 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 appeal.
6. In the result, this appeal is dismissed. No order as to costs.
(K.S.
JHAVERI,J.) pawan Top
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Title

Gujarat vs Fatesingh

Court

High Court Of Gujarat

JudgmentDate
18 April, 2012