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Heirs vs Jaypalsinh

High Court Of Gujarat|29 February, 2012

JUDGMENT / ORDER

1. This appeal has been preferred against the judgment and award dated 07.10.2011 passed by the Motor Accident Claims Tribunal [Auxi.], Bhavnagar in M.A.C.P. no. 853 of 2000, whereby the claim petition was partly allowed and the original claimants were awarded total compensation of Rs.4,62,000/- along with interest @ 7.5% per annum from the date of the application till its realization.
2. The facts in brief are that on 05.06.200, while Vihabhai Ahir along with other persons was travelling in Tempo bearing no. GJ-4-U-6890, driven by original opponent no. 4, at a particular place, the driver of another Tempo bearing No. GJ-4-U-6211, on account of rash and negligent driving dashed with the tempo bearing no. GH-4-U-6890, as a result of which, the Vihabhai Ahir sustained severe bodily injuries and died on the spot. The legal heirs of the deceased, have filed the claim petition, which came to be partly allowed, by way of the impugned award. The appellants have preferred this appeal claiming 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. 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 summarily.
[K.S.
JHAVERI, J.] /phalguni/ Top
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Title

Heirs vs Jaypalsinh

Court

High Court Of Gujarat

JudgmentDate
29 February, 2012