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The New India Assurace Co Ltd vs Saraswatiben Jagdishbhai Sharma Deleted & 6 Defendants

High Court Of Gujarat|23 April, 2012
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JUDGMENT / ORDER

1. By way of this appeal, the appellant- Insurance Company has challenged the judgment and award dated 12.03.2004, passed by the Motor Accident Claims Tribunal(Auxi.II), Ahmedabad Rural at Ahmedabad, in M.A.C.P. No. 1231 of 1995, whereby the tribunal has awarded compensation in the sum of Rs. 3,11,880/- to the claimant with interest at the rate of 9% per annum from the date of filing of the petition till realization.
2. The brief facts leading to filing of this appeal are that in an vehicular accident one Jagdishbhai expired and therefore, the legal heir of the deceased filed claim petition being M.A.C.P. No.1231 of 1995, before the Motor Accident Claims 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-Insurance Company.
3. Though served none appears on behalf of the respondents.
4. Learned counsel for the appellant 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 appeal.
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 are 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. Therefore, 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
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Title

The New India Assurace Co Ltd vs Saraswatiben Jagdishbhai Sharma Deleted & 6 Defendants

Court

High Court Of Gujarat

JudgmentDate
23 April, 2012
Judges
  • Ks Jhaveri
Advocates
  • Mr Shalin N Mehta