BADHARSINH VAGHABHAI BARIYA Vs. RAJNIKANT RATANSINH PATEL

JUDGEMENT

(1.) This is an appeal under Sec. 173 of the Motor Vehicles Act, 1988 arising out of the judgment and award dtd. 18/4/2012 rendered by the learned Motor Accident Claims Tribunal, Dahod (the Tribunal) in Motor Accident Claim Petition No. 576 of 2005 (claim petition), whereby, the Tribunal was pleased to award compensation of Rs.1,54,500.00 with interest at the rate of 8% per annum from the date of claim petition till realization and proportionate cost against the total claim of Rs.7.5 lakh as claimed by the appellants - original claimants towards the death of the deceased. Accordingly, the appellants have preferred this appeal for enhancement of compensation.

(2.) Nutshell facts are that on 28/9/2005, the deceased was travelling in a Jeep, which, as per the case of the claimants, dashed with a tree due to rash and negligent driving of the driver of the bus due to which, the deceased sustained grievous injuries and eventually, succumbed to the injuries, for which, the claimants filed the aforesaid claim petition claiming compensation to the tune of Rs.7.5 lakh.

(3.) Heard, learned advocate Mr. MTM Hakim for the appellants. Though served, none has appeared on behalf of the respondents.