LAWS(GJH)-2011-12-103

VALLABHDAS ODHAVJI LAKHANI Vs. SHIVSINH KHUMANSINH THAKOR

Decided On December 08, 2011
VALLABHDAS ODHAVJI LAKHANI Appellant
V/S
SHIVSINH KHUMANSINH THAKOR Respondents

JUDGEMENT

(1.) THIS appeal is directed against the judgement and award dated 01.05.1997 passed by the Motor Accident Claims Tribunal ( Jamnagar) in M.A.C. Petition No. 400 of 1991 whereby the learned Tribunal has partly allowed the claim petition of the claimants.

(2.) ON 09.08.1991, when one Harish Vallabhdas Lakhani was going on moped with his friend Arvind Parshotam, the driver of the opponent No. 1 truck being No. GRX 4947 came from Dwarka direction in a rash and negligent manner and dashed with the the moped. Harish and his friend were thrown down and received fatal injuries. Both the were taken to hospital where Harish succumbed to the injuries during the treatment. The parents of the deceased filed claim petition before the Motor Accident Claims Tribunal, Jamnagar whereby the learned Tribunal has passed the aforesaid award. Hence, this appeal.

(3.) RD deduction is granted.