UNITED INDIA INSURANCE CO LTD Vs. MINABEN KARSHANBHAI

JUDGEMENT

(1.) THIS appeal is are directed against the judgement and award dated 19. 8.1997 passed by Motor Accident Claims Tribunal ( Main), Bhavnagar in Motor Accident Claim Petition No. 313 of 1997 whereby the learned Tribunal has awarded a sum of Rs. 4, 19, 000/- together with interest @ 15% from the date of application till its realization.

(2.) ACCORDING to the claimants, on 17. 9.1997 at about 12. 30 P.M, Karshanbhai Mathurbhai was going towards Atabhai Chowk from Rupani on his cycle on the correct side. When he reached near Rupani Police Chowki, a Tanker No. GJ 1 V 3822 came in a rash and negligent manner and in excessive speed. The tanker dashed with the bicycle of Karshanbhai. As a result thereof, Karshanbhai was thrown away on the road and he was run over by the left front wheel of the said tanker and died on the spot. The legal heirs of the deceased, therefore, filed the aforesaid claim petition wherein the learned Tribunal passed the aforesaid award which is challenged in the present appeal.

(3.) HEARD learned advocate for the respective parties and perused the documents on record.