JAYABEN PRAVINBHAI MOLIYA Vs. HARIBHAI BADHABHAI RATHOD

JUDGEMENT

(1.) Heard learned advocate Mr.Nishit Bhalodi for the appellants, learned advocate Mr.Ankit Shah for respondent No.2, learned advocate Mr.Vibhuti Nanavati for respondent No.4 and learned advocate Mr.Biva Sood for learned advocate Mr.Palak Thakkar for respondent No.6. Respondent No.1 is served but has chosen not to appear.

(2.) The present Appeal by the original applicants filed under Section 173 of the Motor Vehicles Act , 1988 is directed against judgment and award dated 12th September, 2018 passed by the Motor Accident Claims Tribunal (Special) and 8th Additional Sessions Judge, Rajkot in Motor Accident Claims Petition No.1462 of 2010.

(3.) It was on 03rd December, 2010 that the accident occurred when deceased Pravinbhai Odhavjibhai Moliya was travelling in chakdo rickshaw bearing Registration No.GRP-4838 with goods as owner of the goods, when around 01.00 p.m., the truck bearing Registration No.GJ-3-W-8263 owned by respondent No.1 and driven rashly and negligently, dashed with another rickshaw bearing Registration No.GJ-3-W-2719 and also dashed was school bus bearing No.GJ-5-U-8995 and further dashed was truck No.GJ-3- W-8374. On account of the dashing of all these vehicles with one another, the serious accident occurred in which said Pravinbhai suffered grievous injuries to die subsequently.