BABUBHAI GOPALDAS SHAH Vs. RAJBIRSINH UMARAVSIN CHAUDHARI

JUDGEMENT

(1.) AGGRIEVED by the judgment and award dated 28 th January, 2002, made by the Motor Accident Claims Tribunal (Auxi.II), Ahmedabad (Rural) in M.A.C.P.No.1772 of 1991 instituted by heirs of deceased Tusharbhai Babubhai Shah under Section 166 of the Motor Vehicles Act, 1988 (for short "the Act") claiming a compensation in the sum of Rs.35.00 lacs on various counts, the appellants ­ original claimants are before this Court in appeal under Section 173 of the Act.

(2.) IT was the case of the appellants that the accident in question had taken place wherein their bread-winner Tusharbhai Babubhai Shah lost his life on account of rash and negligent driving of truck bearing Registration No.GQB ­ 7059 by the first opponent. The Tribunal allowed their claim only for Rs.3,13,000/-. The appellants in this appeal pray for enhancement of said compensation to Rs.35.00 lacs.

(3.) IN pursuance to the notice issued by this Court, learned advocate Mr.Nachiket Mehta for learned advocate Ms.Megha Jani appeared for respondent No.3. The first two respondents have not appeared. The appeal was admitted on 13.07.2004.