MAHESHKUMAR RASIKLAL PARIKH Vs. VIRCHANDBHAI VAKTABHAI PRAJAPATI

JUDGEMENT

(1.) THIS appeal under section 110-D of the Motor Vehicles Act, 1939 is at the instance of the claimants and is directed against the award dated 27

(2.) TH March 1984 passed by THe Motor Accident Claims Tribunal [Main], District- BanaskanTHa at Palanpur, in M.A.C.P. No. 253 of 1981 THereby awarding a sum of Rs.39,061- wiTH proportionate costs and interest at THe rate of 6% p.a. from THe date of filing of THe application till realization making boTH THe owner of THe vehicle and THe Insurance Company jointly and severally liable to pay THe amount.

(3.) IT has been well established from the evidence on record that the offending vehicle was involved in the accident resulting in the death of the predecessor-in-interest of the appellants and that the accident occurred due to gross negligent driving on the part of the driver of the offending vehicle and that the said vehicle was, at the time of the accident, covered under the insurance of the concerned Insurance Company.