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FA/5063/1998 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
FIRST
APPEAL No. 5063 of 1998
=========================================================
SUNDYAWALA
DAIRY & 1 - Appellant(s)
Versus
SULOCHANABEN
BABULAL PATEL - Defendant(s)
=========================================================
Appearance :
MR
RAJNI H MEHTA for
Appellant(s) : 1 - 2.
MR HEMANT S SHAH for Defendant(s) :
1,
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CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 03/12/2010
ORAL
ORDER
1. Being
aggrieved by the judgment and award dated 31st July 1998
passed by the Motor Accident Claims Tribunal, Ahmedabad in MACP
No.1426 of 1995 the appellant has filed this appeal.
2. On
the date of the accident at about 3:00 pm when the car bearing
registration No. GJ 1RR 3714 reached near the site of the accident
due to rash and negligent driving it collided with a roadside tree
causing grievous injuries to Sulochanaben (MACP No. 1426/95) and
fatal injuries to Kashiben (MACP No. 1425/95).
3. The
appellants resisted the claim petition by filing written statement.
It is contended that the accident was not caused due to any
negligence on the the part of the driver of the car involved in the
accident. Ultimately the Tribunal awarded a sum of Rs 3,74.00/- to
the claimant.
4. Counsel
for the appellant has considered that the view taken by the Tribunal
is on a higher side and deserves to be reduced.
5. The
Tribunal has considered the injuries sustained by the claimant, the
treatment taken by her and also her disfigurement. Even the income
taken by the Tribunal is at Rs 2000/- is just and proper.
6. Looking
to her age the multiplier of 12 is also just and proper.
7. In
short I am of the view that the reasoning adopted and findings
arrived at by the Tribunal is just and proper.
8. The
Appeal is therefore dismissed.
(K.S.Jhaveri,J.)
mary//
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