HEMAGAURI Vs. MAHENDRAKUMAR MANILAL PATEL

JUDGEMENT

(1.) Feeling aggrieved by and dissatisfied by the judgment and award dtd. 21/12/2001 passed in Motor Accident Claims Petition No.2110 of 1990 by Motor Accident Claims Tribunal (Aux.IV), Ahmedabad (Rural), Gandhinagar, the appellants - original claimants have preferred the present appeal under Sec. 173 of the Motor Vehicles Act .

(2.) It is the case of the claimants that on 30/11/1990 deceased Rameshchandra Balashanker Bhatt along with other passengers was traveling in ambassador car bearing registration No.GJ-1-5936 from Dhrangadhra to Gandhinagar. The driver of the said car was driving the car at moderate speed and on the correct side of the road. However, when they reached near Village Sargasan, from the opposite direction, one Truck bearing registration No.GRX-3937 was being driven rashly and negligently by his driver and having lost the control over the steering, dashed with the ambassador car in which the deceased was traveling. Pursuant to the said accident, deceased received serious injuries and ultimately succumbed to the injuries. Thus, heirs and legal representatives of the deceased Rameshchandra Balashanker Bhatt approached Motor Accident Claims Tribunal by way of an application under Sec. 166 of the Motor Vehicles Act seeking, inter alia, compensation for untimely death of the deceased arising from the vehicular accident.

(3.) Feeling aggrieved and dissatisfied with the aforesaid, the appellants have approached this Court by way of this appeal seeking enhancement of compensation.