SURESHCHANDRA VITHALDAS DOSHI Vs. SANJAY KANTILAL SHAH

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment and award dated 25.10.2002 passed by the Motor Accident Claims Tribunal [Aux.] Veraval in M.A.C.P. No. 11 of 2001, whereby the said claim petition was dismissed.

(2.) THE facts in brief are that on 16.11.2000, while Anjaliben was going on a Scooter bearing no. GJ11K2562 as pillion rider, driven by opponent no. 1, when they reached near Karadiya Boarding, near speed breaker, account of rash and negligent driving, Anjaliben was thrown out from the scooter, as a result of which, Anjaliben sustained severe injuries and succumbed to the injuries. The legal heirs of the deceased filed claim petition, which came to be dismissed, by way of the impugned award. Being aggrieved by the said order, the appellantsclaimants have preferred the present appeal.

(3.) THE learned counsel for the respondent no. 2 was not in a position to controvert the said position and submitted that the impugned award passed by the Tribunal is just and proper.