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Khatunben vs Ahmedabad

High Court Of Gujarat|31 January, 2012

JUDGMENT / ORDER

1. This appeal has been preferred against the judgment and award dated 24.04.1998 passed by the Motor Accident Claims Tribunal No. 2, Ahmedabad in M.A.C.P. no. 423 of 1992, whereby the claim petition was partly allowed and the original claimants were awarded total compensation of Rs. 52,570/- along with interest @ 12% per annum from the date of the application till its realization.
2. The facts in brief are that on 31.07.1992, at around 1230 hours, while the appellant was travelling in a bus bearing no. GRU 9570, driven by original opponent no. 1, when the bus was stopped near the Sarangpur gate, and while the appellant was getting down, the driver of the bus all of a sudden started the bus, as a result of which, the appellant was knocked down from the bus and sustained severed bodily injuries. Later on he succumbed to the injuries. 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. No order as to costs.
[K.S.
JHAVERI, J.] /phalguni/
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Title

Khatunben vs Ahmedabad

Court

High Court Of Gujarat

JudgmentDate
31 January, 2012