BARIYA PRATAPBHAI RATNABHAI Vs. BABUBHAI BHURABHAI PARMAR

JUDGEMENT

(1.) This appeal is filed by the appellants - original claimants seeking enhancement of the compensation amount awarded by the Motor Accident Claims Tribunal (Aux.), Kheda at Nadiad (hereinafter referred to as "the Tribunal") vide impugned judgment and award dtd. 30/6/2008 passed in M.A.C.P. No.2092 of 1999.

(2.) Brief facts of the present case are that on 4/8/1999 at about 12.45 p.m., Vikrambhai Pratapbhai Bariya walked from his house, situated at Village: Jambudi, to go to the farm and on the road to the gorge slope near school of Village: Jambudi, opponent no.1 came driving Tractor bearing registration no.GJ-7-E-669 in rash and negligent manner, collided Vikrambhai Bariya, as a result of which he sustained serious injuries and succumbed to the injuries. Hence, the legal heirs of the deceased had preferred M.A.C.P. No.2092 of 1999, which came to be partly allowed by the Tribunal vide order dtd. 30/6/2008 and awarded compensation of Rs.1,08,000.00 as against his claim of claiming Rs.6,50,000.00.

(3.) Heard Mr.V. A. Mansuri, learned counsel appearing for the appellants and Mr.Vibhuti Nanavati, learned counsel appearing for respondent no. 3 - Insurance Company. Though served, nobody appears on behalf of respondents no.1 and 2.