LALUBHAI RAMABHAI DAMOR Vs. SANKARBHAI JITHABHAI BARIYA

JUDGEMENT

(1.) Heard learned advocate Mr.Chetankumar Shah for the appellants - original claimants and learned advocate Mr.Rathin Raval for respondent No.3 insurance company. The other respondents are served, however they have chosen not to appear.

(2.) This appeal preferred by the appellants- original claimants under Section 173 of the Motor Vehicles Act, 1988 is directed against judgment and award dated 15th April, 2017 passed by Motor Accident Claims Tribunal (Aux.) at Dahod, which is a common judgment and award in Motor Accident Claims Petition No.536-537 of 2007 and Motor Accident Claims Petition No.540 of 2007. The present appeal for enhancement is referable to common judgment and award in so far as it concerns Claim Petition No.536 of 2007. The Tribunal awarded Rs.02,63,532/- with interest at the rate of 7.5% from the date of application till realisation.

(3.) The claimants of the claim petition No.536 of 2007 were the heirs of deceased Vanitaben who died in vehicular accident occurred on 13.08.2007. On that day, Vanitaben alias Vankiben, that is wife of applicant No.1 Lalubhai and mother of applicant No.2 Maheshkumar, was going with her husband and son on a motorcycle to go to Village Rentiya. While on the way, as the relative met them, all were standing on the left side of the road. The offending vehicle Tempo bearing Registration No.GJ-20-T-6194 came from behind in rash and negligent manner to hit the applicants and said Vankiben. Vankiben suffered injuries to succumb to death.