SUMITRABEN Vs. ABHESINH RUPABHAI GHORI

JUDGEMENT

(1.) This appeal is filed by the appellant-claimant seeking enhancement of the compensation amount awarded by the learned Motor Accident Claims Tribunal (Aux.) & 3rd Additional District Judge, Dahod (hereinafter referred to as "the Tribunal") vide impugned judgment and award dtd. 19/2/2018 passed in M.A.C.P. No.1077 of 2004, whereby, the Tribunal has partly allowed the claim petition and awarded compensation of Rs.2,55,000.00 out of that opponent No.1 and 2 held liable to pay 70% amount i.e. Rs.1,78,500.00 and remaining 30% amount from the opponent No.3 and 4. i.e. Rs.76,500.00.

(2.) It came to be held by the Tribunal that said amount was ordered to be awarded to the deponents. Feeling aggrieved and dissatisfied with the impugned and award passed by the learned Tribunal, this appeal has been filed.

(3.) Brief facts of the present case are that on 26/2/1994, at about 9.00 p.m., the deceased and other vegetable traders have hired one Tempo No. GJ-17-T-4201 for loading their vegetable begs from Fatepura to Limdi. The said tempo was drive by its driver in moderate speed and on correct side. When the tempo was passing from Tandi village one bullock cart was coming from opposite side and one S.T.Bus No. GJ-01-T-9179 was behind the bullock cart. The opponent No.1 -driver of the S.T.Bus has driven the S.T.Bus in rush and negligent manner and with an excessive speed and tried to overtake the bullock cart and came on wrong side and dashed with the tempo resulting into deceased Sumitraben and other occupants of S.T.Bus were sustained serious injuries and were died. The complaint was filed before Limdi Police Station vide I-CR No. 23 of 1994. Hence, the appellant - original claimant has 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.2,55,000.00 out of that opponent No.1 and 2 held liable to pay 70% amount i.e. Rs.1,78,500.00 and remaining 30% amount from the opponent No.3 and 4. i.e. Rs.76,500.00 under the different heads as against the claim of Rs.5,00,000.00.