DAIBAI ED/O HAMIR VALJI Vs. KANTIDEVI RAJKUMARSINH
LAWS(GJH)-2014-9-186
HIGH COURT OF GUJARAT
Decided on September 17,2014

Daibai Ed/O Hamir Valji Appellant
VERSUS
Kantidevi Rajkumarsinh Respondents

JUDGEMENT

- (1.) AT the request of the learned advocate for the appellant and with the consent of learned advocate appearing for the insurance company, the first appeals are taken up for final hearing.
(2.) THESE two appeals are filed by the claimants in M.A.C.Petition Nos.32 of 1984 and 33 of 1984 being aggrieved by judgment and award dated 26.4.1993 passed by M.A.C.Tribunal (Main), Vadodara.
(3.) M .A.C.Petition Nos.32 of 1984 and 33 of 1984 were disposed of by common judgment and award in M.A.C.Petition Nos.34 of 1984, 915 of 1985, 276 of 1986 and 294 of 1985. The facts of M.A.C.Petition No.32 of 1984 are set out in paragraph 7 which reads as under: "7. In MAC case No.32/84 the heirs and legal representatives of deceased Hamir Valji have claimed the total compensation of Rs.2,00,000/ - from the opponents on the basis that at the relevant time the deceased was 35 years of age and was earning Rs.600/ - per month as a labourer on the truck. According to them, they were the dependents upon the income of the deceased. Moreover, the deceased was holding a driving licence and would have become a driver a near future and hence his income would have increased. Moreover, they have spent sufficient amount for funeral ceremonies etc. Therefore, for pain, shock and suffering, future economic loss etc., they have in all claimed Rs.2,00,000 as compensation from the opponents with costs and interest." ;


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