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Gujarat vs Hanifa

High Court Of Gujarat|14 March, 2012

JUDGMENT / ORDER

1. By way of these appeals, the appellant-original opponent No.2 has challenged the common judgement and award dated 15.06.1993, passed by the Motor Accident Claims Tribunal(main), Mehsana, in M.A.C.P. No. 632 and 851 of 1988, whereby the tribunal has awarded compensation in the sum of Rs. 36,000/- to the claimant of M.A.C.P. No. 632 of 1988 and Rs.1,22,000/- to the claimants of M.A.C.P. No.851 of 1988 with interest at the rate of 15% per annum from the date of filing of the petitions till realization.
2. The brief facts leading to filing of this appeal are that on 26.02.1988 an accident occurred between the Auto Rickshaw and S.T. bus and due to which Mir Daudbhai sustained grievious injuries and Mahmadbhai Daudbhai and Jubedbhai expired. Therefore, the legal heirs of the deceased filed claim petition being M.A.C.P. No. 851 of 1988 and Mir Daudbhai filed M.A.C.P. No. 632 of 1988 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 appellant-original opponent No.2.
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. Therefore, he has prayed to allow the present appeals.
4. 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 appeals.
5. In the result, these appeals are dismissed. No order as to costs.
(K.S.
JHAVERI,J.) pawan Top
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Title

Gujarat vs Hanifa

Court

High Court Of Gujarat

JudgmentDate
14 March, 2012