SHANTABEN SANJAYKUMAR PRAJAPATI Vs. DAUDBHAI ABUBHAI KADRI

JUDGEMENT

(1.) This appeal under Sec. 173 of the Motor Vehicles Act, 1988 ("the Act" for short) is filed by the original claimants as appellants challenging the judgement and award dtd. 19/12/2013, passed by the Motor Accident Claims Tribunal (Aux-4), Mehsana in Motor Accident Claim Petition No.505 of 2009, wherein claim petition filed by the original claimants came to be allowed in part and compensation of Rs.5,98,500.00 was awarded with interest at the rate of 9% per annum from the date of filing of the claim petition till realization.

(2.) Brief facts, arising from the record, are as under: On 10/06/2009 at around 6:00 hours in the morning, Sanjaykumar Manilal Prajapati was going driving a scooter bearing registration No.GJ-2-AE-4138 with his nephew Jaimin as pillion rider. Sanjaykumar was going to the school at Kadi to drop his nephew. When he was coming back and reached near Anand park society, Kinara Cinera at Kadi-Nandasan Highway, a Truck bearing registration No.GJ-14-T- 3295 came in rash and negligent manner with full speed and dashed with scooter of Sanjaykumar Manilal Prajapati (hereinafter referred to as "the deceased"). Resultantly, the deceased fell down and sustained serious injuries and scummed to death. For the said accident, legal heirs of the deceased as original claimants, filed claim petition being Motor Accident Claim Petition No.505 of 2009 under sec. 166 of the Motor Vehicles Act, seeking compensation of Rs.12,00,000.00. It was case of the original claimants that accident occurred due to sole negligence of the driver of the truck.

(3.) Aggrieved by the amount of compensation awarded, present appeal is filed by the original claimants seeking enhancement.