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FA/1725/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
FIRST
APPEAL No. 1725 of 2008
with
CIVIL
APPLICATION No. 4218 of 2008
=========================================================
NEW
INDIA ASSURANCE CO LTD. - Appellant(s)
Versus
RAMESH
R THAREJA & 1 - Defendant(s)
=========================================================
Appearance
:
MR
SB PARIKH for Mr AJAY R MEHTA for
Appellant
None for
Defendants
=========================================================
CORAM
:
HONOURABLE
MS. JUSTICE R.M.DOSHIT 19th June, 2008
ORAL
ORDER
The
appellant-New India Assurance Company Limited, the insurer of the
offending vehicle-Maruti Motor Car bearing registration No.
GJ-15-T-8565, has preferred this Appeal under Section 173 of the
Motor Vehicles Act, 1988 against the judgment and award dated 31st
July, 2007 passed by the Motor Accident Claims Tribunal, Ahmedabad in
Motor Accident Claim Petition No. 214 of 1995. The learned Tribunal
has awarded compensation in the sum of Rs. 1,27,400/=. The challenge
is restricted to Rs. 50,000/=.
Mr.
Parikh has submitted that in a head on collision between the
offending Maruti car and the scooter, occurred on 80′ wide city road,
the claimant-Rameshbhai suffered injuries. He has submitted that it
was the scooter which was on the wrong side of the road. The injured
claimant, therefore, should have been held to be partially
responsible for the accident in question. Further, in absence of any
evidence, the learned Tribunal has erred in estimating the income of
the claimant to be Rs. 4,000/= per month.
I
am unable to accept either of the contentions raised by
Mr. Parikh. No case for interference is made out. The Appeal is
dismissed in limine.
The
sum of Rs. 25,000/= deposited in the registry be transmitted to the
Tribunal below.
Civil
Application stands disposed of.
{Miss
R.M Doshit, J.}
Prakash*
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