BHANUBEN CHANDUBHAI PRAJAPATI Vs. FARIDBHAI MOHAMMADBHAI BHATTI

JUDGEMENT

(1.) Being aggrieved and dissatisfied with the impugned judgment and award dated 27.12.2002 passed by the Motor Accident Claims Tribunal (Main), Vadodara in MACP No.879 of 1992, the original claimants have preferred this appeal under Section 173 of the Motor Vehicles Act, 1988.

(2.) The record of the appeal shows that accident occurred on 22.04.1992 at about 6.30 hours. It is the case of the claimants that while deceased Chandubhai was going on scooter bearing registration no. GJ-6E-1153 along with the pillion rider Kantibhai from Baroda to Padara, the accident occurred. As per the record while attempting to overtake, Truck bearing registration no. GJ-3T-721 and Tanker bearing registration no. GTK-5892, dashed with each other and because of such impact Tanker bearing no. GTK 5180 went on wrong side ran over the deceased scooterist and deceased succumbed to the injuries. FIR came to be lodged with the jurisdictional police station. Present claim petition was preferred by the appellants for compensation of Rs.10 lakh.

(3.) Heard Mr. MTM Hakim, learned advocate for the appellants, Mr. Vibhuti Nanavati, learned advocate for the respondent nos. 4 and 7, Mr. Ajay Mehta, learned advocate for the respondent no.3 and Mr. Alkesh Shah, learned advocate for the respondent no.6. Though served, nobody appears on behalf of the other respondents.