HARESHKUMAR GUNVANTRAY SHALOT Vs. DRIVER OF LUX

JUDGEMENT

(1.) BY way of filing this appeal under Section 173 of the Motor Vehicles Act, 1988 the appellants have challenged the judgment and order dated 4th January 2001 passed by the learned Motor Accident Claims Tribunal (Main), Mehsana in MAC Petition No.463 of 2005 whereby the Tribunal has awarded Rs.1,54,500.00 to the claimants along with interest at the rate of 12% per cent from the date of application till realisation.

(2.) THE short facts of the present appeal as per the claimants are that the claimants were going to Surat in Jeep bearing No.MH.04.Q.1700 from Bombay and when they reached near Baliyasan, one luxury bus bearing registration No.GJ.2.T.3936 came from the opposite direction in full speed and while it was trying to other vehicle, came in wrong side and dashed with the jeep in which the present claimants were travelling. As a result of the said accident, the driver of the Jeep and two occupants have died while others were injured seriously. In the said accident the minor son of the claimants had also died.

(3.) HEARD learned counsel for the parties and perused the record.