MEHUL VALLABHBHAI GORI Vs. KAMAL LAXMINARAYAN GUPTA

JUDGEMENT

(1.) Being aggrieved and dissatisfied by the judgment and award dtd. 18/9/2007 passed by the learned MAC Tribunal (Main), Jamnagar in MAC Petition No.625 of 2003, the appellants - original claimants have approached this Court by way of present First Appeal under Sec. 173 of the Motor Vehicles Act, 1988.

(2.) The claimants have filed the claim petition under Sec. 166 of the MV Act before the learned Tribunal for the compensation of Rs.5.00lakhs for the death of their son, namely, Mehul Vallabhbhai Gori due to the accident that took place on 24/9/2003, while he was on pilgrimage and going to Mataji Na Madh, Kutch by walking. At that time, the Tanker bearing registration No.GJ-12-U-5247 driven in a rash and negligent manner, ran over some of the pilgrims including deceased Mehul. The learned Tribunal has awarded the compensation as under :

(3.) It is the say of the claimants that their son Mehul Vallabhbhai Gori was unmarried at the time of accident and was on pilgrimage and going to Mataji Na Madh by walking. It is their further case that their son was aged 19 years at the time of accident and was earning Rs.6000.00 per month by selling fruits and vegetables.