PURIBEN DHANAJIBHAI KHANDHAR Vs. HEMANTBHAI MANJIBHAI NAKUM

JUDGEMENT

(1.) Being aggrieved by the judgment and award dtd. 9/1/2019 passed in Motor Accident Claims Tribunal (Auxi) and 5th Additional District Judge, Jamnagar, the appellants herein are constrained to approach this Court by way of filing the present First Appeal challenging the said judgment and order, so far as quantum of compensation and contributory negligence are concerned.

(2.) The appellants - original claimants are the legal heirs and legal representative of the deceased, had filed present claim petition seeking compensation to the tune of Rs.12,00,000.00 from the opponents on account of death of deceased due to injuries sustained by him in an accident which occurred on 7/1/2009 at the time and place specified in the petition involving the Tanker No.GJ-10-X-5828 which was being driven in a rash and negligent manner by the driver opponent No.1, which was of the ownership of the opponent No.2 and insured by Opponent No.3 and thereby sought for compensation as referred above.

(3.) As per the case of the appellants - original claimants, on 7/1/2009, the deceased was going on his bicycle from Vijaynagar Jakatnaka to Samarpan Hospital road on left side of the road, at same time the driver of the Tanker having registration No.GJ-10-X-5828 came in high speed and in rash and negligent manner and dashed with the deceased from behind. As a result of that the deceased succumbed to injuries and died. The complaint in that regard has been lodged with City B Division Police Station with regard to the accident. It is also the case of the appellants - original claimants that the deceased was aged about 40 years at the time of accident and was earning Rs.4,000.00 by serving as watchman and also earning Rs.1,00,000.00 from agriculture and was retired army man. On account of his untimely death the appellants are deprived of his income and have suffered great mental shock. Therefore, on above facts the applicants filed Claim Petition seeking compensation to the tune of amount of Rs.12,00,000.00 under various heads such as loss of dependency, loss of expectation of life, consortium, funeral expenses etc, enunciated in Claim Petition with interest and costs from the opponents.