BABUBHAI GANESHBHAI MAKWANA Vs. GOVINDBHAI DEVSANGBHAI GOHIL

JUDGEMENT

(1.) This appeal is filed by the appellant - original claimant seeking enhancement of the compensation amount awarded by the Motor Accident Claims Tribunal (Aux), 8 th Fast Track Court, Nadiad (hereinafter referred to as "the Tribunal") vide impugned judgment and award dtd. 27/11/2007 passed in M.A.C.P. No.1782 of 2005.

(2.) Brief facts of the present case are that on 3/7/2005 in the morning, the deceased Babubhai Ganeshbhai Makwana was going on his two wheeler vehicle Luna bearing registration No.GJ- 07-B-6679 to Village: Malataj and was coming back to Village: Gamdi in the afternoon at about 12.45 p.m. and at that time a truck bearing registration No.GJ-07-X-1485 came behind in rash and negligent manner, dashed the vehicle Luna, due to which, the deceased succumbed to the fatal injuries. Hence, the appellants - original claimants have filed aforesaid claim petition before the Tribunal. The Tribunal, after evaluating the pleadings and evidence tendered by the parties, partly allowed the claim petition and awarded a sum of Rs.5,02,000.00 under the different heads as against the claim of Rs.12,00,000.00.

(3.) It came to be held by the Tribunal that said amount was ordered to be awarded to the deponents. Not being satisfied with the compensation amount, this appeal has been filed.