VANITABEN NARANDAS KANJARIA Vs. RANCHHODBHAI LALJIBHAI PATEL

JUDGEMENT

(1.) This appeal is filed by the original applicants who were claimants in MACP No.817 of 1998 filed before the Motor Accident Claims Tribunal (Aux.), Ahmedabad.

(2.) Briefly stated, facts are that one Narandas Kanjaria was travelling on his scooter going from Chiloda to Himatnagar at about 3.15 p.m. The vehicle met with an accident with an incoming truck owned by opponent No.1 and insured by opponent No.2 Insurance Company. The accident caused instantaneous death of the scooterist. His widow and minor children therefore, filed the above-mentioned claim petition seeking compensation of Rs.25 lacs from the opponents.

(3.) Before the Claims Tribunal, the claimants examined and eye-witness one Gabhaji Bhikhaji Thakore who had also lodged the first information report about the accident. In his deposition at Ex.36, said Gabhaji narrated the manner in which the accident had taken place. The claimants also produced FIR at Ex.21 and panchnama of the scene of accident at Ex.22. The claimants also produced several documents including the certificates indicating educational qualification of the deceased as also the pay slip issued by the employer shortly before the date of the accident. Claimant No.1 widow of the deceased Vanitaben was examined at Ex.33.