RAMTUJI JENAJI THAKORE Vs. AMRATBHAI HARJIBHAI DESAI

JUDGEMENT

(1.) Heard Mr. Amit Nanavati, learned advocate for the appellants, Mr. R.P. Modi, learned advocate for respondent no.2 and Mr. Palak Thakkar, learned advocate for respondent no.3-insurance Company in First Appeal and the Cross Objections filed by the respondent no.2-owner.

(2.) Feeling aggrieved and dissatisfied by the judgment and award dated 16.3.2010 passed by the Motor Accident Claims Tribunal (Main), Sabarkantha at Himmatnagar in MACP No.1067/04, the appellants - original claimants have preferred this appeal under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as "the Act").

(3.) Facts as can be culled out from the record of the appeal are that the accident occurred on 30.5.2004. It is the case of the original claimants that the deceased Antiben was doing labour work of loading and unloading milk canes from the rickshaw bearing registration no. GJ-18 T-3966 from Mahundra Patia to Gandhinagar. It is the case of the original claimants that Antiben was travelling in the said rickshaw and was on her job while her husband was travelling in the said rickshaw as he was to go for some social work. Record further indicates that the rickshaw was being driven in a rash and negligent manner and because of which, the rickshaw run over the divider and turned turtle. The deceased-Antiben sustained fatal injuries and ultimately succumbed to the same.