GAYATRIBEN SANJAYKUMAR KHATRI Vs. RAMSING SHIVCHARAN PAL

JUDGEMENT

(1.) This is an appeal under Sec. 173 of the Motor Vehicles Act, 1988 arising out of the judgment and award dtd. 16/3/2007 rendered by the learned Motor Accident Claims Tribunal (Aux.), F.T.C. No.3, Vadodara, in Motor Accident Claim Petition No.833 of 2001 (claim petition), whereby, the Tribunal was pleased to award compensation of Rs.3,46,500.00 together with simple interest at the rate of 9% per annum from the date of claim petition till realization against the total compensation of Rs.5,00,000.00 with interest and cost as claimed by the appellants- original claimants towards the death of the deceased. Accordingly, the appellants have preferred this appeal for enhancement of compensation.

(2.) Brief facts of the case are that on 24/4/2001 at about 6.00 p.m at evening, deceased Sanjaykumar was returning from Chanod to Vadodara with his friends by riding Auto-Rickshaw and when he was proceeding at Gayatri Society, near Railway Crossing on Dabhoi - Vadodara Road, at that time, opponent no. 1 i.e. Driver of Truck No. GJ-6-V-7181 came in rash and negligent manner with full speed from wrong side and dashed with deceased's Auto-Rickshaw. That, due to alleged accident, deceased sustained serious and grievous injuries on various parts of the body and deceased died during medical treatment.

(3.) Heard learned advocate Mr. S.P. Majmudar for the appellants and learned advocate Mr. R.G. Dwivedi for the respondent No. 2 at length. Though served, nobody appears for the respondent No. 1, who is driver of the offending vehicle.