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New India Assurance Co Ltd vs Kurjibhai Harjibhai Decd Throheirs Jiniben Kurjibhai Vaghel & 9 Defendants

High Court Of Gujarat|16 April, 2012
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JUDGMENT / ORDER

1. By way of these appeals, the appellants have challenged the common judgment and award dated 17.09.1999 passed by the Motor Accident Claims Tribunal(Auxi.II), Junagadh, in M.A.C.P. No. 466 of 1991 and 491 of 1991, whereby the tribunal has awarded compensation in the sum of Rs. 1,25,200/- to the claimants of M.A.C.P. No. 466 of 1991 and Rs.1,54,000/- to the claimants of M.A.C.P. No. 491 of 1991 with interest at the rate of 12% 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 7.6.1991 one Ismail Sitarbhai alongwith other three persons was proceeding in his Rickshaw bearing registration No. GTX 8351 from Bhesan to Ranpur. At that time one vehicle bearing registration No. GTW 8749 came and dashed the said Rickshaw. As a result of the said they sustained grievous injuries and due to which some of them are died. Therefore, the legal heirs of the deceased filed claim petitions before the Tribunal for compensation. The Tribunal after hearing learned advocates for both the parties and after recording the evidence decided the claim petitions and passed the award as stated herein above against which the present appeal is filed by the appellants.
3. 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 appeals.
4. Learned counsel for the respondents supported the impugned judgement and award of the Tribunal and submitted that the Tribunal after considering the evidence on record has passed the impugned judgment and award. Therefore, he prayed to dismissed these appeals.
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 and with regard to the negligence 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 appeals.
6. In the result, these appeals are dismissed. No order as to costs.
[K.S. JHAVERI,J.] pawan
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Title

New India Assurance Co Ltd vs Kurjibhai Harjibhai Decd Throheirs Jiniben Kurjibhai Vaghel & 9 Defendants

Court

High Court Of Gujarat

JudgmentDate
16 April, 2012
Judges
  • Ks Jhaveri
Advocates
  • Mr Shashikant S Gade