SUMITRABEN SHIVRAJBHAI KOTILA Vs. DINESHBHAI ARJANBHAI THAKKAR

JUDGEMENT

(1.) Admit. Mr. Vibhuti Nanavati, learned advocate waives service of notice of admission on behalf of respondent No. 2.

(2.) While issuing notice, the Co-ordinate Bench had called for Record and Proceedings from the Tribunal which has reached this Court and the same has been placed for consideration before the Court.

(3.) By way of present appeal under Sec. 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as "M. v. Act"), the original claimants have challenged the judgment and award dtd. 17/12/2016 passed by Motor Accident Claims Tribunal (Aux.), Junagadh in Motor Accident Claims Petition NO. 312 of 2004 mainly on two grounds (1) with regard to deficit in awarding compensation and (2) holding liable the deceased in driving his vehicle and computing negligence to the extent of 30%.