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Heirs & Legal Rep Of Suryakant Shantilal Shah vs Transport Manager

High Court Of Gujarat|06 February, 2012
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JUDGMENT / ORDER

1. These appeals have been preferred by the original claimants against the judgment and award dated 31.03.1994 passed by the Motor Accident Claims Tribunal, Ahmedabad in M.A.C.P. No. 81/1990 and 82/1990 whereby, both the claim petitions were dismissed with costs.
2. The facts in brief are that original claimant of MACP No.81/1990 and original claimant of MACP No.82/1990 are husband and wife. On 15.04.1990, original claimant of MACP No.81/1990 alongwith his wife was going on the scooter No.GBA-1418 and at that time, one AMTS bus, driven by original opponent No.1 came with full speed and in negligent manner and dashed with the scooter. As a result thereof, both the claimant sustained injuries. Therefore, they filed claim petitions before the Tribunal, which came to be dismissed. Being dissatisfied with the said judgment, the appellants have preferred the present appeals.
3. Heard learned counsel for the parties. It has been submitted on behalf of the appellants that the Tribunal has erred in holding original claimant of MACP No.81/1990 solely negligent for the accident. However, having gone through the impugned judgment, I find that the Tribunal has in detail examined the aspect of negligence and rightly held the original claimant- Suryakant Shah solely negligent for the accident. 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.
4. For the foregoing reasons, both the appeals are dismissed. No order as to costs.
..mitesh..
[K. S. JHAVERI, J.]
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Title

Heirs & Legal Rep Of Suryakant Shantilal Shah vs Transport Manager

Court

High Court Of Gujarat

JudgmentDate
06 February, 2012
Judges
  • Ks Jhaveri
Advocates
  • Mr Vibhuti Nanavati