MUSTUFAMIYA SIKANDARMIYA MALEK Vs. SABIRKHAN PIRUBHAI MALEK

JUDGEMENT

(1.) By way of this Appeal, the appellants (original claimants) have challenged the judgment and award dtd. 30/4/2018 passed by the learned Motor Accident Claims Tribunal (Aux.), Dist. Kheda at Nadiad in M.A.C.P. No.370 of 2016 on the ground that the learned Tribunal has erred in not granting the compensation as prayed for inspite of the evidence on record.

(2.) Heard learned advocates appearing for the respective parties.

(3.) The facts of the case are that the accident occurred on 18/2/2016, at about 4.00 p.m. near Manobhavna Mahakali Temple, on Mahemdavad-Khatraj Chowkdi Road, when deceased Rabiyabibi was walking on road and at that point of time, opponent No.1 came by driving Rickshaw No. GJ.7.VW.8975 of opponent No.2 with full speed and in negligent manner and dashed her. Due to said accident, deceased-Rabiyabibi sustained serious fatal injury and died. Thereafter a complaint came to be filed.