KAMLABA RANJITSINH AND ORS. Vs. BHAVARSINH MIRSINH JAT AND ORS.
HIGH COURT OF GUJARAT
Kamlaba Ranjitsinh And Ors.
Bhavarsinh Mirsinh Jat And Ors.
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R.P. Dholaria, J. -
(1.) This appeal has been preferred by the original claimant against the judgment and award dated 12.11.1997 passed by the Motor Accident Claims Tribunal (Aux.), Ahmedabad Rural at Mirzapur in Motor Accident Claim Petition No. 405 of 1987, wherein the learned Tribunal has been pleased to award compensation of Rs. 1,70,500/ -.
(2.) The original claimant by way of preferring the present appeal inter -alia, contended that the learned Tribunal has not properly appreciated the evidence on record and has wrongly recorded the finding and fixed the contributory negligence on the part of the deceased -Ranjitsinh Jilubha Chudasama and the learned Tribunal has also awarded compensation which is on very lower side. Precisely, it is the contention of the appellant that 100% compensation is required to be enhanced.
(3.) The brief facts are as under: -
3.1. The accident has taken place on 3.3.1987. The vehicle involved in the accident was open Truck No. GUD -2262. It is alleged that on 3.3.1987, the deceased Ranjitsinh Jilubha Chudasama -Police -Sub -inspector was on his duty and he was coming towards Ahmedabad on his Motor Cycle Bullet No. GAA -335. At that time one open Truck bearing No. GUD -2262 owned by opponent No. 2 being driven by opponent No. 1 in full speed and in rash and negligent manner dashed with deceased and because of the impact, deceased sustained severe injures and ultimately died. It is alleged that deceased was serving as Police Sub -inspector in Gujarat State and at that time of his death his salary was Rs. 1529/ - per month. The petitioners have claimed Rs. 3,00,000/ - as compensation.;
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