LAWS(GJH)-2022-12-747

KUKABHAI RUPABHAI BARIYA Vs. ARJUNBHAI NATHIYABHAI RATHOD

Decided On December 14, 2022
Kukabhai Rupabhai Bariya Appellant
V/S
Arjunbhai Nathiyabhai Rathod Respondents

JUDGEMENT

(1.) This appeal is filed by the appellants - claimants seeking enhancement of the compensation amount awarded by the Motor Accident Claims Tribunal (Main), Dahod (hereinafter referred to as "the Tribunal") vide impugned judgment and award dtd. 20/3/2017 passed in M.A.C.P. No. 110 of 2014, whereby the Tribunal has partly allowed the claim petition.

(2.) Brief facts of the present case are that on 21/3/2014, Nareshbhai Kukabhai Bariya and Rakeshbhai Pratapbhai Bariya were going to their field by walking and at about 21.30 hours, when they were passing on the road near Padav Faliya of Village: Jhari-Khareli, a tractor bearing registration No.MP-45-AA-1778 came in rash and negligent manner hit Nareshbhai, who was walking on the side of the road, as a result of which, he succumbed to the fatal injuries. Hence, the parents of the deceased i.e. appellants - original claimants have filed claim petition before the Tribunal. The Tribunal, after evaluating the pleadings and evidence tendered by the parties, partly allowed the claim petition and awarded a sum of Rs.2,04,500.00 under the different heads as against the claim of Rs.15,00,000.00.

(3.) It came to be held by the Tribunal that said amount was ordered to be awarded to the deponents. Not being satisfied with the compensation amount, this appeal has been filed.