SAVITABEN @ SITABEN RAMESHBHAITHAKOR Vs. CARGO MOTORS

JUDGEMENT

(1.) BY way of this appeal, the appellants- original claimants have challenged the judgement and award dated 19.08.2003, passed by the Motor Accident Claims Tribunal(Auxiliary), Mehsana, in M.A.C.P. No.63 of 2001, whereby the tribunal has awarded compensation in the sum of Rs.2,39,900.00 to the claimants with interest at the rate of 9% from the date of filing of the petition till realization.

(2.) THE brief facts leading to filing of this appeal are that on 14.12.2001 one Rameshbhai Tejabhai Thakore was going by riding his bicycle. At that time one Truck bearing registration No.GJ-12-v- 7480 came and dashed him. As a result of the said accident Rameshbhai Tejabhai Thakore sustained grievous injuries and due to which he expired. Therefore, the legal heirs of deceased filed claim petition being M.A.C.P. No.63 of 2001 before the Tribunal for compensation. The Tribunal after hearing learned advocate for both the parties and after considering the evidence on record decided the claim petition and passed the award as stated hereinabove against which the present appeal is preferred by the appellants-original claimants.

(3.) LEARNED counsel for the respondents supported the impugned judgement and award of the Tribunal and submitted that the Tribunal after considering the evidence on record has passed the award. Therefore, he prayed to dismiss the present appeal.