First Appeal No. 1648 of 2011. Case: National Insurance Company Limited Vs Chintu Chunilal Prajapati and Ors.. High Court of Gujarat (India)
| Case Number | First Appeal No. 1648 of 2011 |
| Counsel | For Appellant: Maulik J. Shelat, Advocate and For Respondents: Vilav K. Bhatia, Advocate |
| Judges | Abdullah Gulamahmed Uraizee, J. |
| Issue | Motor Vehicles Act, 1988 - Section 173 |
| Judgement Date | Wednesday March 15, 2017 |
| Court | High Court of Gujarat (India) |
Judgment:
Abdullah Gulamahmed Uraizee, J.
The appellant-Insurance Company is in appeal under Section 173 of the Motor Vehicles Act, 1988 ("M.V. Act" for short) to question the quantum of compensation awarded by the tribunal by judgment and award dated 29.12.2010 passed by the Motor Accident Claim Tribunal (Aux.), Evening Court, Ahmedabad City in Motor Accident Claim Petition No. 875 of 2004.
The brief facts giving rise to this appeal are that on 04.04.2004, the applicant herein was traveling as a passenger in an auto rickshaw bearing registration No. GJ-1-XX-4524 which was owned by the opponent No. 4 and insured with appellant Insurance Company herein and was going towards Gota Cross Roads from Adalaj. It is averred by the applicant that at that time when the driver of the rickshaw was driving on the highway and was proceeding towards Gota Cross Roads, at that time the driver of the Matadar bearing registration No. GJ-8-U-4033 owned by the opponent No1, at about 2.30 p.m., came there driving the Matadar at a great speed in a rash and negligent manner and dashed with the auto rickshaw from behind and caused serious injuries to the applicant herein. He, therefore, preferred Motor Accident Claim Petition No. 875 of 2004 in the Motor Accident Claim Tribunal (Aux.), Evening Court, Ahmedabad City to recover compensation of Rs. 6,00,000/- with interest at the...
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