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Madhuben vs Mansingh Dipsingh Chauhan & 4S

High Court Of Gujarat|18 April, 2012
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JUDGMENT / ORDER

1. Heard learned advocates for the parties and perused the papers on record.
2. The appellant herein has challenged the award dated 17.04.1999 passed by the Motor Accident Claims Tribunal Sabarkantha in Motor Accident Claims Petition No. 111 of 1990 so far as the Tribunal awarded Rs. 87,600/- as compensation with interest at 12% per annum.
3. The claimants filed claim petition to the tune of Rs. 2,50,000/- seeking compensation in respect of death of one Shri Girishbhai in a vehicular accident which occurred on 22.01.1990 when he was riding pillion on a motorycle which was hit by a truck no. GRN 3728. The Tribunal after hearing the parties passed the aforesaid award.
4. Learned advocate appearing for the appellant submitted that the Tribunal failed to take into consideration the entire facts of the case and evidence on record and thereby erred in awarding adequate amount under various heads. He submitted that the Tribunal has wrongly not appreciated the panchnama and the FIR.
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 accident happened as a result of the rash and negligent driving of the original opponent no. 1. Nothing is pointed out before this Court to take a contrary view. Even otherwise the owner of the motorcycle is not joined as a party to the proceedings. The Tribunal has finally quantified the amount of compensation at Rs. 87,600/-. 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, appeal is dismissed. No costs.
(K.S. JHAVERI, J.) Divya//
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Title

Madhuben vs Mansingh Dipsingh Chauhan & 4S

Court

High Court Of Gujarat

JudgmentDate
18 April, 2012
Judges
  • Ks Jhaveri
Advocates
  • Mr Dipak R Dave