KAMLABEN VIRABHAI SOLANKI Vs. AJAYKUMAR MANILAL PATEL

JUDGEMENT

(1.) Heard learned advocate Mr.Nishit Bhalodi for the appellants-original claimants and learned advocate Mr.K.V. Gadhia for respondent No.2 insurance company. Though Rule is served upon respondent No.1, he 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 28th December, 2008 passed by the Motor Accident Claims Tribunal (Aux.) Panchmahals at Godhra in Motor Accident Claims Petition No.708 of 2016.

(3.) It was on 15th July, 2016 that the accident occurred when deceased Virabhai Manabhai Solanki was riding on his bicycle from Morva to Gurkhal, when at around 1800 hours, opponent No.1 driving Echo car bearing Registration No.GJ-17-AH-9830 rashly and at excessive speed, dashed with the deceased losing control. The grievous accident suffered by the bicycle rider resulted into death.