SHASHIKALABEN MAHENDRABHAI THAKAR Vs. SANMUKHPYA KALAKPYA RAJUR

JUDGEMENT

(1.) Challenge in this Appeal under Section 173 of the Motor Vehicles Act, 1988 (the Act for short) is to the judgment and award dated 8th November, 2000, rendered in MACP No. 77 of 1995 by MACT (Main), Vadodara, whereby the aforesaid claim petition preferred by the appellants under Section-166 of the Act came to be partly allowed and the appellants-original claimants were granted compensation of Rs. 6,05,000/- with running interest at the rate of 12% per annum from the date of the claim petition till realization from the respondents (original opponents) jointly and severally with proportionate cost thereon.

(2.) The facts leading to the aforesaid claim petition in nutshell are that the vehicular accident occurred on dated 21.7.1994, and on that day, deceased Mahendrabhai was driving scooter, bearing Registration No. GJ-6B-2484 and one Nandkishor Joshi was the pillion rider. When they were returning from village Ajod and were passing on National Highway No.8, on their left side, with moderate speed, one Truck, bearing Registration No. KA-25-1572, driven by the original opponent No.1 and owned by the original opponent No.2 and insured by original opponent opponent No.3 National Insurance Company Limited, came from behind. The scooter driven by the deceased Mahendrabhai dashed with the truck. It is further alleged by the claimants that the respondent opponent No.1- the driver of the truck was driving the truck rashly and negligently and without blowing horn, the driver of the truck attempted to overtake the scooter and the accident occurred. Deceased Mahendrabhai sustained serious injuries and succumbed to the injuries.

(3.) It is further pertinent to note that Nandkishor Joshi, who was pillion rider on the scooter also sustained bodily injuries and he preferred an MACP No. 78 of 1995 against the respondents herein under Section-166 of the Act and the Tribunal consolidated both the claim petitions, namely, MACP No. 77 of 1995 and MACP No. 78 of 1995 and common evidence was recorded and the impugned common judgment and award came to be passed.