LAWS(GJH)-2022-10-615

CHANDRIKABEN NAROTAMBHAI PATEL Vs. PARSHWANATH TRAVELS PVT LTD

Decided On October 10, 2022
Chandrikaben Narotambhai Patel Appellant
V/S
Parshwanath Travels Pvt Ltd Respondents

JUDGEMENT

(1.) This appeal under Sec. 173 of the Motor Vehicles Act, 1988 ("the Act" for short) has been filed by the appellants - original claimants challenging the judgment and award dtd. 15/3/2019 passed by MACT (Auxi), CBI Court No.4, City Civil & Sessions Court, Ahmedabad in MACP No.398 of 2011 wherein the Tribunal awarded total compensation of Rs.26,56,324.00 under different heads.

(2.) The brief facts are as under:

(3.) Upon claim petition being filed, notices were issued. Respondents appeared and filed their respective written statements. The Tribunal after hearing the parties and upon appreciation of evidence decided the issue of negligence in favour of original claimants by holding the driver of luxury bus as sole negligent for occurrence of the accident. In relation to compensation the Tribunal awarded Rs.7,98,061.00 under different heads as under: