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Saiyad Rafiqmiyan Ahmedmiyan & 1 ­ Defendants

High Court Of Gujarat|21 March, 2012
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JUDGMENT / ORDER

1. This appeal has been preferred against the judgment and award dated 31.01.2005 passed by the Motor Accident Claims Tribunal [FTC­1] at Ahmedabad in M.A.C.P. No. 211 of 1998, whereby the said claim petition was partly allowed and the original claimants were awarded total compensation of Rs.2.05.500/­ along with interest @ 9% per annum from the date of the application till its realization and proportionate costs.
2. The facts in brief are that on 14.12.1996, while respondents were going on a scooter bearing no. GJ­1­J­2133, at that time, at a particular place, the driver of the AMTS bus, on account of rash and negligent manner dashed with the scooter from the back side, as a result of which, the respondents sustained severe bodily injuries. Later on, the respondents original claimants filed claim petition, which came to be partly allowed, by way of the impugned award. Being aggrieved by the said award in M.A.C.P. No. 211 of 1998, the appellant Corporation has preferred the present appeal
3. Heard learned counsel for the appellant. Though served, none appears on behalf of the respondents. It has been submitted on behalf of the appellant that the amount awarded by the Tribunal under different heads is on the higher 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

Saiyad Rafiqmiyan Ahmedmiyan & 1 ­ Defendants

Court

High Court Of Gujarat

JudgmentDate
21 March, 2012
Judges
  • Ks Jhaveri
Advocates
  • Mr Adil Mirza