ILABA BHIMDEVSINH GOHIL Vs. ASHOKBHAI GHELABHAI DABHI

JUDGEMENT

(1.) Present appeal under Sec. 173 of the Motor Vehicles Act, 1988 (MV Act for short) is preferred by the appellants - original claimants for enhancement of compensation awarded to them under judgment and award dtd. 9/1/2020 passed by Motor Accident Claims Tribunal (Aux), Distrcit Bhavnagar in M.A.C.P. No. 349 of 2016.

(2.) The facts giving rise to this appeal are that on 10/9/2016 at about 3 p.m., the deceased Bhimdevsinh Gohil had parked his motorcycle near his field and was standing near his motorcycle. At that time, the driver of the offending truck bearing registration No. GJ-14X-1010 came from his behind at very high and excessive speed in rash and negligent manner and lost control over the steering, as a result, the truck dashed with the deceased Bhimdevsinh Gohil causing serious injuries. The deceased Bhimdevsinh Gohil died on the spot as a consequence of serious injury. The offence punishable under Ss. 279 , 304(A) of Indian Penal Code and under Ss. 184 , 177 of M.V. Act came to be registered with Ghogha Police Station vide I-C.R. No. 40 of 2016 against the respondent No.1 the driver of the offending truck.

(3.) With the consent of the learned advocates for the parties, present appeal is taken up for final disposal as the issue involved in the appeal moves in narrow compass.