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Mohmad Hanif Ahmed Pols vs Kasham Abdul Sattar Pola & 2S

High Court Of Gujarat|27 March, 2012
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JUDGMENT / ORDER

1.0 This appeal is directed against the judgement and award dated 1st March 2000 passed by the learned Motor Vehicle Claims Tribunal (A) Godhra, Panchmahals in Motor Accident Claim Petition No.1282 of 1987 whereby the Tribunal has awarded a sum of Rs.15000/­ along with interest at the rate of 12% per annum from the date of application till its realization.
2.0 According to the claimant, he along with others, on 31st August 1987 was returning after watching a movie. They were traveling in a rickshaw. The driver of the rickshaw lost control over the rickshaw and it turned turtle. The claimant sustained injuries and therefore he filed the aforesaid claim petition wherein the aforesaid award came to be passed.
3.0 Learned Advocate for the appellant submitted that the Tribunal ought to have awarded the sum of Rs.97700/­ as claimed by the claimant and that the Tribunal committed an error in awarding interest only at the rate of 12% per annum.
4.0 As a result of hearing and perusal of the record it is clear that the liability to pay the compensation under section 197(2) and 95 of the Act is restricted to Rs.15000/­.
5.0 Learned Advocate for the appellant is not in a position to assail this finding in any manner whatsoever. Apart from that it is found that the claimant had suffered 6% disability. Therefore the amount awarded by the Tribunal is just and proper and no interference is warranted.
6.0 I am also of the view that even the interest rate at 12% is just and proper. This appeal is therefore dismissed with no order as to costs.
(K.S.JHAVERI, J.) niru*
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Title

Mohmad Hanif Ahmed Pols vs Kasham Abdul Sattar Pola & 2S

Court

High Court Of Gujarat

JudgmentDate
27 March, 2012
Judges
  • Ks Jhaveri
Advocates
  • Mr Mtm Hakim