LAWS(GJH)-2012-12-41

SHAILESH KUMAR SHANTILAL GANDHI Vs. SUNIL BABULAL DIXIT

Decided On December 26, 2012
Sahileshkumar Shntilal Gandhi And Anr Appellant
V/S
Sunil Babulal Dixit, Deleted As Per Crts Order Dt. 20/8/2002 And Ors Respondents

JUDGEMENT

(1.) These two appeals, at the instance of the claimants - parents, were heard analogously, as they arise out of a common award passed by the Motor Accident Claims Tribunal(Main), Vadodara, in M. A.C.P. No. 182 of 1993 and 183 of 1993 in which the Tribunal awarded a sum of Rs.75,000/ - each, in favour of the claimants for the death of two children aged 5 years and 8 years, respectively.

(2.) It appears that the offending bus had knocked down two children, while they were walking on the footpath, due to negligence on the part of the driver of the offending vehicle and that there was no contributory negligence on the part of the deceased, who lost their lives.

(3.) The parents of the victims lodged the claim applications, claiming a sum of Rs.2,00,000 / - each for these two children.