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Shardulbhai Bhurabhai Gohel & 1 ­ Defendants

High Court Of Gujarat|10 February, 2012
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JUDGMENT / ORDER

1. This appeal has been preferred against the judgment and award dated 18.12.1998 passed by the Motor Accident Claims Tribunal [Aux.] in M.A.C.P. No. 23 of 1994, whereby the claim petition was partly allowed and the original claimants were awarded total compensation of Rs.1,82,160/­ along with proportionate costs and interest @ 15% per annum from the date of the application till its realization.
2. The facts in brief are that on 23.08.1993, while Shardulbhai – respondent no. 1 herein was going on his motor cycle bearing no. GUA 6745 from Vavdi to Kotdapitha, at a particular place, the driver of the S.T. Bus bearing no. GJ­1­ 1393, in a rash and negligent manner dashed with the motor cycle, as a result of which, the claimant sustained severe bodily injuries. Later on, the claimant filed claim petition, which came to be partly allowed, by way of the impugned award. Being aggrieved by the said award, the appellant Corporation has filed the present appeal.
3. Heard learned counsel for the appellant. It has been submitted on behalf of the appellant that the amount awarded by the Tribunal under the respective heads are contrary to the evidence on record and are 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

Shardulbhai Bhurabhai Gohel & 1 ­ Defendants

Court

High Court Of Gujarat

JudgmentDate
10 February, 2012
Judges
  • Ks Jhaveri
Advocates
  • Mr Hardik C Rawal