Judgments
Judgments
  1. Home
  2. /
  3. High Court Of Gujarat
  4. /
  5. 2012
  6. /
  7. January

Kanaiyalal Menaji & 1 vs Mahboobali Alimiya Saiyed & 8S

High Court Of Gujarat|18 April, 2012
|

JUDGMENT / ORDER

1. Heard learned advocates for the parties and perused the papers on record.
2. The appellants herein have challenged the award dated 03.07.2004 passed by the Motor Accident Claims Tribunal Sabarkantha in Motor Accident Claims Petition No. 297, 298 & 299 of 2000 so far as the Tribunal awarded only Rs. 177000/-, Rs. 50000/- & Rs. 31000/- as compensation with interest at 9% per annum.
3. It is the case of the claimants that on 20.11.1994 while the claimants were travelling in an ST bus bearing registration no. GJ-1 2934 another bus bearing registration no. RJ-14-P- 2350 being driven by the original opponent no. 1 in a rash and negligent manner, collided with the bus in which the claimants were travelling as a result of which the claimants sustained injuries on various parts of the body. The claimants therefore filed claim petitions. The Tribunal after hearing the parties passed the aforesaid award.
4. Learned advocate appearing for the appellants submitted that the Tribunal failed to take into consideration the entire facts of the case and evidence on record and thereby erred in awarding higher amount under various heads. He submitted that the Tribunal has wrongly assessed the income of the claimants and the disability.
5. As a result of hearing and perusal of records, this court is of the view that considering the evidence on record and the facts and circumstances of the case, the Tribunal came to the conclusion that the claimants sustained injuries as a result of the rash and negligent driving of the original opponent no.
1. Looking to the panchnama and the evidence on record, the view taken by the Tribunal is just and proper. Nothing is pointed out before this Court to take a contrary view. This court is in complete agreement with the reasonings adopted and findings arrived at by the Tribunal and therefore do not see any reason for causing interference.
6. In the premises aforesaid, appeals are dismissed. No costs.
(K.S. JHAVERI, J.) Divya//
Disclaimer: Above Judgment displayed here are taken straight from the court; Vakilsearch has no ownership interest in, reservation over, or other connection to them.
Title

Kanaiyalal Menaji & 1 vs Mahboobali Alimiya Saiyed & 8S

Court

High Court Of Gujarat

JudgmentDate
18 April, 2012
Judges
  • Ks Jhaveri
Advocates
  • Mr Bipin I Mehta