New vs Shakriben on 30 August, 2011

  
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FA/4224/2009	 1/ 1	ORDER 
 
 

	

 

IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
 

 


 

FIRST
APPEAL No. 4224 of 2009
 

With


 

CIVIL
APPLICATION No. 11874 of 2009
 

In
FIRST APPEAL No. 4224 of
2009 
 
=========================================================

 

NEW
INDIA ASSURANCE CO - Appellant(s)
 

Versus
 

SHAKRIBEN
W/O BABUBHAI LAKHABHAI & 2 - Defendant(s)
 

=========================================================
 
Appearance
: 
MR
GC MAZMUDAR for
Appellant(s) : 1,MR HG MAZMUDAR for Appellant(s) : 1, 
None for
Defendant(s) : 1 -
2. 
=========================================================


 
	  
	 
	  
		 
			 

CORAM
			: 
			
		
		 
			 

HONOURABLE
			MR.JUSTICE K.M.THAKER
		
	

 

Date
: 26/03/2010  
ORAL ORDER

Mr.

Majmudar has fairly submitted that the Appeal essentially challenges
the award on the ground of quantum in view of the evidence and in
view of the fact that the learned Tribunal has allowed only 1/3rd
deduction, though the deceased was, at the time of accident,
unmarried 16 year’s old and there is positive evidence on record of
income lesser than the income assumed by the learned Tribunal. He
also submitted that the appellant is ready, provided the original
claimants are also ready, to get the dispute resolved through
mediation.

Considering
the submissions of Mr. Majmudar, Notice returnable on 26th
April, 2010.

[K.M.Thaker,
J.]

kdc

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