LAWS(GJH)-2022-2-411

HARSHABEN Vs. GANIBHAI KANKAR SHAIKH

Decided On February 14, 2022
Harshaben Appellant
V/S
Ganibhai Kankar Shaikh Respondents

JUDGEMENT

(1.) This appeal is filed by the original claimants against the impugned judgment and award passed by the learned Motor Accident Claims Tribunal (Main), Bharuch in MACP No.712 of 2000 dtd. 31/12/2010 whereby learned Motor Accident Claims Tribunal dismissed the claim petition. Being aggrieved and dissatisfied by the impugned judgment and award, the original claimants have preferred this First Appeal under Sec. 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as the "Act").

(2.) Brief facts giving rise to the present appeal are as under:

(3.) That on 25/9/1997, the deceased was going in his Maruti Car for the purpose of his business transaction from Nasik to Aalaprat. That at about 5 pm on Nasik Puna highway abutting to Godegaon village, the opponent no.1 driver of the truck bearing registration no. MH-17-A-8652 while overtaking the other vehicles suddenly applied the brakes without showing any signal or the brake light, therefore, the Maruti Car was dashed with the offending vehicle on the left side of the Truck and the deceased sustained serious injuries and succumbed to the injuries. The legal heirs of deceased filed the Motor Accident Claims Petition for seeking compensation for untimely death of his deceased in the tune of Rs.40.00 lakhs under the Act. The learned Tribubal after considering the averments made in the claim petition and record and proceedings, was pleased to dismiss the claim petition and hence this appeal.