REKHABEN HIMATBHAI NAROLA Vs. RATNUBHAI BHAVLUBHAI KUKNA

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned judgment and award dtd. 30.12.2017 passed by the learned Motor Accident Claims Tribunal (Auxi), Surat in MACP No.221 of 2010, the appellants have preferred this appeal.

(2.) The facts indicating that the accident took place on 31.01.2010 while the deceased Himmat was went Vadhai along with his relative at about 7.45, at that time, opponent no.1 was came with his truck bearing registration No. GJ-9-V-3969 in rash and negligent manner and dashed with the deceased and thereby caused injuries to the deceased and died on the spot. It is the case of the appellants that deceased was 43 years old and doing business of Diamond labour manufacturing as well as business of batel nut in the name and style of "Jaydeep Sales Agency and aslo having ancestral land. The appellants preferred claim petition under Sec. 166 of the Act and claimed compensation at Rs. 45 lakh. The appellants also adduced following oral as well as documentary evidence before the Tribunal.

(3.) Heard the Mr. Hiren Modi, learned advocate for the appellants and Mr. Palak Thakkar, learned advocate for the respondent Insurance Company. Though served, nobody appears on behalf of the respondent nos. 1 and 2. In the facts and circumstances of the case and with the consent of the learned advocates for the respective parties, the matter is taken up for final hearing.