LEGAL HEIR OF DECEASED DHAVALKUMAR RAMANLAL NAYAKNAYAK RAMANLAL KESHAVLAL VINABEN Vs. NAYAK RAMANLAL KESHAVLAL

JUDGEMENT

(1.) BY way of filing this appeal under Section 173 of the Motor Vehicles Act, 1988 the appellants ? original claimant has challenged the judgment and order dated 25th February 2010 passed by the learned Motor Accident Claims Tribunal (Main), Sabarkantha at Himatnagar in MAC Petition No.310 of 2010 whereby the Tribunal has dismissed the claim petition.

(2.) THE short facts of the present appeal are that on the date of the incident i.e. on 18th February 2007 the deceased Dhavalkumar was going travelling by a motor cycle towards Ahmedabad from Idar. One Alpeshbhai was sitting as a pillion rider. It is the case of the claimants that when they reached Koba Circle near Sughad Patiya, at that time, a cow came on the road suddenly due to which the motorcycle hit a jeep. Due to the said impact deceased Dhavalkumar fell down on the road and sustained fatal injuries. THE claimant, wife of the deceased, therefore, filed claim petition claiming the compensation of Rs.2,25,000.

(3.) MR Hakim, learned counsel for the appellant has submitted that the Tribunal has committed an error in not considering that the claim of the appellant was under Section 163A of the Motor Vehicles Act and therefore the same required to be allowed.