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United vs Dineshbhai

High Court Of Gujarat|18 November, 2010


By way of present appeal, the appellant has challenged the judgment and award dated 29th January 2010 passed by the Motor Accident Claim Tribunal Vadodara (hereinafter referred to as 'the Tribunal') in Motor Accident Claim Petition No.846 of 2008.
It is the case of the appellant in brief that the respondent No.1-claimant by way of pursis dated 08th January 2010 decreased the claim to Rs.25,000/- instead of Rs.1,00,000/-. Further, in pursuance of the application under Section 140 of the Motor Vehicles Act made by the respondent No.1, the Tribunal awarded an amount of Rs.25,000/- to the respondent No.1-claimant vide impugned judgment and award. Hence, present appeal.
Ms.Hina Desai, learned advocate for the appellant, has submitted that the Tribunal ought to have appreciated that the respondent No.1 had not sustained any functional disability; that it is the practice in the Tribunal to pray for higher amount and thereafter to decrease the same by way of a pursis and that when the respondent No.1 did not supply the documents as to the treatment taken by him, the Tribunal ought not to have granted interim compensation since the original claimant was not even entitled to 10% of the amount. In view above submissions, it is prayed that the appeal may be allowed.
Having considered the contentions raised by the learned counsel for the appellant, averments made in the appeal and the documentary evidence produced on record, it transpires that the Tribunal after taking into consideration all the relevant documents and evidence on record has rightly allowed the application for interim compensation. I am of the opinion that the view taken by the Tribunal is just and proper. The Tribunal has assigned cogent and convincing reasons for arriving at the conclusion. I adopt the reasons assigned by the Tribunal and do not find any illegality much less any perversity in the findings recorded. I am in complete agreement with the findings recorded by the Tribunal. No case is made out to interfere with the findings recorded by the Tribunal. Hence, present appeal deserves to be dismissed.
For the foregoing reasons, present appeal fails and is, accordingly, dismissed summarily. In view of disposal of the appeal, the Civil Application also stands disposed of accordingly.
Jhaveri, J) Aakar Top
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United vs Dineshbhai


High Court Of Gujarat

18 November, 2010