MINOR SHAGUN SUDHIR RATHI Vs. SOHANLAL JOHARI

JUDGEMENT

(1.) THESE appeals arise out of common judgment and award rendered by the Motor Accident Claims Tribunal Nadiad in M.A.C.P. No. 928 and 929 of 1987. At the outset, we may record relevant facts in brief :

(2.) ON 26.4.1987, Sudhir Dharam Radhi was travelling in Maruti Car with his wife Hemakshi Sudhir Rathi and minor daughter Shagun aged about 3 years. They were travelling on National Highway No.8. Car was driven by driver. Opponent No.1 herein was owner of the car. Opponent No.2 herein New India Assurance Co. Ltd. was its insurer. At about 3.00 a.m., when the car was passing near Matar in Kheda District, , the driver of the vehicle lost control. As a result, the car dashed against the pillar of a bridge. Vehicle was completely smashed. Driver died on the spot. Sudhir Rathi and Hemakshi Sudhir Rathi both also died in the accident. Miraculously and mercifully, Minor Shagun survived and got away with minor injuries.

(3.) FOR the death Sudhir Rathi, same claimants also filed MACP No. 929 of 1987 and claimed compensation of Rs.15,00,000.00 from the owner and insurer of the vehicle. We may note that Chandravaliben has since died and she is deleted from the cause list.