JUMABHAI MANGABHAI MAHESHWARI Vs. RAVA DANA AYAR

JUDGEMENT

(1.) THIS appeal is directed against the judgment and award dated 28/4/2003 passed by learned Motor accident Claims Tribunal (main), Kutch at Bhuj in Motor Accident Claim Petition No.288 of 1995 wherein the Tribunal has awarded a sum of Rs.70,000.00 as against the claim of Rs.3,00,000.00. It is pertinent to note that Rs.50,000.00 has already been paid towards NFL to the claimants.

(2.) ON 9.11.1994, deceased Smt. Khimibai Manga Maheshwari was returning from Gandhidham to Sunderpuri in SRC Bus, she fell down from the bus at IFFCO Coloney Bus Stop while going to her home. In the meanwhile, one Truck bearing registration No.GTJ 5775 came with speed and dashed with said Khimibai and sustained the injuries. Thereafter, she had been shifted to hospital where she succumbed to the injuries. The appellants therefore, filed the Motor Accident Claim Petition No.288 of 1995 whereby the Tribunal has passed the aforesaid award which is challenged in the present appeal.

(3.) HEARD learned advocates for the parties and perused the documents on record.