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Maganlal Ledbrajmal vs Laxmansinh Kalusinh & 2S

High Court Of Gujarat|20 January, 2012
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JUDGMENT / ORDER

1.0 This appeal is directed against the judgement and order dated 10.09.1997 passed by learned Motor Accident Claims Tribunal (Aux.), Nadiad in Motor Accident Claim Petition No. 1293 of 1988 whereby the Tribunal has awarded a sum of Rs. 2,17,000/­ as compensation to the claimants.
2.0 On 08.04.1988 when one Ramesh Kala was going towards Anand by driving his Auto Rickshaw No. G. R. Q. 2356, the said rickshaw dashed with Truck No. G.R. X 3506 of opponent No.1 from the opposite side which was coming in a rash and negligent manner. As a result of this, Rameshbhai Kala died on the spot and the rickshaw was damaged. The legal heirs of said deceased Rameshbhai therefore filed the aforesaid claim petition which came to be partly allowed by the learned Tribunal. This appeal is at the instance of the claimants for enhancement of compensation.
3.0 Heard learned advocate for the appellant and perused the documents on record. The learned Advocate for the appellant raised contention that no amount was awarded towards the damage caused to the vehicle.
4.0 It is required to be noted that even before the Tribunal the original claimant has not established any case for compensation towards damage caused to the vehicle. Even in this appeal the appellant is not in a position to point out anything from the record that he is entitled to any amount under the said head.
5.0 The appellants could not persuade this court to take a different view of the matter. I am in complete agreement with the reasoning adopted and findings arrived at by the Tribunal.
6.0 In the premises aforesaid I do not find any merits in the appeal.
The same is therefore dismissed.
(K.S.JHAVERI, J.) niru*
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Title

Maganlal Ledbrajmal vs Laxmansinh Kalusinh & 2S

Court

High Court Of Gujarat

JudgmentDate
20 January, 2012
Judges
  • Ks Jhaveri
Advocates
  • Mr Jitendra Malkan