RUKHIBEN Vs. VAGHRI VISHNUBHAI VELABHAI

JUDGEMENT

(1.) This First Appeal is filed by the appellant " original claimants under Sec. 173(1) of the Motor Vehicles Act, 1988, against the judgment and award dtd. 31/1/2017 passed in Motor Accident Claim Petition No. 625 of 2012 (old No. 294 of 2008) by the 2nd Motor Accident Claims Tribunal (Auxi.) Mahesana at Visnagar, which was preferred under Sec. 166 of the MV Act, whereby, against a claim valued at Rs.7.00 lakh in respect of accidental death that had occurred on 16/2/2008 the Tribunal has awarded a sum of Rs.4,48,000.00 with interest at the rate of 9% per annum from the date of claim petition till realization. Hence, grieved claimants have filed this appeal on the point of quantum.

(2.) The brief facts of the case are that on 16/2/2008, deceased " Kamleshbhai Mafatlal Vaghela (Vaghri) was going by driving Motor cycle bearing registration No. GJ-1-EQ-2713 at about 9.45 to 10.30 p.m. to attend marriage ceremony on Visnagar- Kada road. The said vehicle was running in moderate speed and right side of the road, at that time a truck bearing registration No. GJ-02-Y-4536 came from back side in a rash and negligent manner and endanger human life and dashed with the said motor cycle on back side. As a result, deceased sustained grievous injuries on body and he was immediately taken to Civil Hospital, Visnagar and thereafter shifted in the Civil Hospital, Mahesana and during treatment he sucumbed to the injuries, hence post mortem was carried out on the same day.

(3.) Though the respondent No.1 is served, he has chosen not to appear and accordingly, the Court proceeded with the final hearing of the matter. Heard, learned advocate Mr. Yogendra Thakore for the appellants- original claimants, learned advocate Mr. Amit Joshi for respondent No.2 and learned advocate Mr. Tanmay B. Karia for the respondent No. 3 " Insurance company.