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Vipulbhai Nathubhai Donda vs Devendrabhai Kamabhai Sohla & 2S

High Court Of Gujarat|23 February, 2012
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JUDGMENT / ORDER

1. This appeal has been preferred for enhancement of compensation awarded vide judgment and award dated 16.04.2005 passed by the Motor Accident Claims Tribunal(Main), Bhavnagar below Exh.1 in M.A.C.P. No. 916/2002 whereby, the claim petition was partly allowed and the appellants, original claimants, were awarded total compensation of Rs.1,89,500/- along with interest at the rate of 9% per annum from the date of application till its realization with proportionate costs.
2. The facts in brief are that on 07.11.2002 the deceased was going on motorcycle No.GJ-4-L-3914 as pillion rider and at that time, one rickshaw No.GJ-4-V- 8196 came from behind and dashed with the motorcycle. As a result, the deceased sustained severe bodily injuries and died. The claimants, therefore, filed claim petition before the Tribunal, which came to be partly allowed by way of the impugned award. Being dissatisfied with the compensation awarded, the appellants have preferred the present appeal.
3. Heard learned counsel for the parties. It has been submitted on behalf of the appellants that the amount awarded by the Tribunal under different heads is on the lower 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.
..mitesh..
[K. S. JHAVERI, J.]
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Title

Vipulbhai Nathubhai Donda vs Devendrabhai Kamabhai Sohla & 2S

Court

High Court Of Gujarat

JudgmentDate
23 February, 2012
Judges
  • Ks Jhaveri
Advocates
  • Mr Suresh M Shah
  • Mr Mehul S Shah