UMRAVBIBI AHMEDBHAI RATHOD Vs. SWATIBEN SHIVAJIRAV MAHADIK

JUDGEMENT

(1.) Original claimants as appellants has filed this appeal under Sec. 173 of the Motor Vehicles Act, 1988 ("the Act" for short) challenging the judgment and award dtd. 12/8/2002, passed by M.A.C.T. (Aux.) Vadodara in MACP No. 539 of 1990 wherein the claim petition filed by the original claimants came to be dismissed.

(2.) The brief facts on the record are as under:

(3.) For the said accident, the legal heirs of the deceased filed claim petition under Sec. 166 of the Act claiming compensation of Rs.2,50,000.00. It was case of the original claimants that the accident occurred on account of sole negligence of driver of Luna Moped No.GCD 1135. The deceased by doing service in Government office was earning salary of Rs.2,275.00 p.m. and if he would have survived he would have earned regular promotions and would also have earned his retirement benefits. For the said accident FIR was lodged and panchnama was also prepared.