MAFATBHAI KHODABHAI KHANT Vs. JAYANTIBHAI PUNJABHAI

JUDGEMENT

(1.) This appeal under Sec. 173 of the Motor Vehicles Act, 1988 ("the Act" for short) is filed by the original claimants challenging the judgement and award dtd. 22/06/2007, passed by the Motor Accident Claims Tribunal (Auxi.), Fast Track Court No.5, Nadiad in Motor Accident Claims Petition No.1250 of 1995, wherein claim petition filed by the original claimants came to be allowed in part and compensation of Rs.99,000.00 was awarded with interest at the rate of 9% per annum from the date of filing of the claim petition till its realization, with proportionate costs. In relation to negligence, tribunal has held driver of tractor bearing registration No.GJ E 7009, as sole negligent for occurrence of the accident.

(2.) Short facts, arising from the record, are as under: On 10/07/1995, Tejal Khant was going by walking towards Navgam dairy. At that time, tractor bearing registration No.GJ E 7009 came with full speed in rash and negligent manner and dashed with Tejal Khant (hereinafter referred to as "the deceased"), for which she sustained grievous injuries and succumbed to death. At the time of accident, Tejal was 6 years old and studying in Standard-II. Parents of the deceased filed claim petition under sec. 166 of the Motor Vehicles Act, seeking compensation of Rs.2,00,000.00. It was case of the original claimants that accident occurred due to sole negligence of the driver of the tractor. The deceased was having bright future and she died for no fault of hers. Therefore, the original claimants are entitled for the compensation as claimed.

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