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Oriental Insurance Co Ltd vs Dineshbhai Somabhai Thakor & 3 Defendants

High Court Of Gujarat|13 April, 2012
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JUDGMENT / ORDER

1. By way of this appeal, the appellant- original opponent No.3 has challenged the judgment and award dated 20.03.2002, passed by the Motor Accident Claims Tribunal(Auxi.) at Himmatnagar, District- Sabarkantha, in M.A.C.P. No.486 of 1994, whereby the tribunal has awarded compensation in the sum of Rs. 1,34,500/- to the claimant with interest at the rate of 9% per annum from the date of filing of the petition till realization.
2. The brief facts leading to filing of this appeal are that on 07.03.1994 one vehicular accident occurred and due o which one Dineshbhai Somabhai Thakor sustained grievous injuries and therefore, he filed claim petition being M.A.C.P. No.486 of 1994 before the Tribunal for compensation. The Tribunal after hearing learned advocates for both the parties and after recording the evidence decided the claim petition and passed the award as stated herein above against which the present appeal is filed by the appellant-Insurance Company.
3. Learned counsel for the appellants 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 appeal.
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 this appeal.
5. Heard learned counsel for the parties and appellant with regard to the liability of the Insurance company. 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 reasons to entertain the present appeal.
6. In the result, this appeal is dismissed. No order as to costs.
(K.S. JHAVERI,J.) pawan
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Title

Oriental Insurance Co Ltd vs Dineshbhai Somabhai Thakor & 3 Defendants

Court

High Court Of Gujarat

JudgmentDate
13 April, 2012
Judges
  • Ks Jhaveri
Advocates
  • Mr Maulik J Shelat