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

Kanubhai vs Mahmadbhai

High Court Of Gujarat|02 May, 2012

JUDGMENT / ORDER

1. By way of these appeals, the appellants-original claimants have challenged the judgment and award dated 01.10.2007, passed by the Motor Accident Claims Tribunal(Auxi.), Nadiad, in M.A.C.P. No.1102 and 1103 of 1998, whereby the tribunal has awarded compensation in the sum of Rs.83,050/- to the claimant of M.A.C.P. No.1102 of 1998 and Rs.1,08,000/- to the claimant of M.A.C.P. No.1103 of 1998 respectively along with interest at the rate of 9% per annum from the date of filing of the petitions till realization.
2. The brief facts leading to filing of this appeal are that on 14.04.1998 an accident occurred and due to the said accident, Kanubhai Laxmanbhai Zala and Samatsingh Vajesinh Zala, appellants herein, sustained grievous injuries and therefore, they filed claim petitions being M.A.C.P. Nos. 1102 and 1103 of 1998 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 petitions and passed the award as stated herein above against which the present appeal is filed by the appellants-Original claimants.
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 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 reason to entertain the present appeals.
6. In the result, these appeals are dismissed. No order as to costs.
[K.S.
JHAVERI,J.] pawan
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

Kanubhai vs Mahmadbhai

Court

High Court Of Gujarat

JudgmentDate
02 May, 2012
Judges
  • Ks Jhaveri