SUNILBHAI BUDHABHAI RATHOD Vs. DIVISIONAL CONTROLLER

JUDGEMENT

(1.) This First Appeal is filed by the appellants " original claimants under Sec. 173(1) of the Motor Vehicles Act, 1988, against the judgment and award dtd. 21/1/2017 passed in Motor Accident Claim Petition No. 998 of 2013 by the Motor Accident Claims Tribunal (Auxi.), Kheda at Nadiad, which was preferred under Sec. 166 of the MV Act, whereby, against a claim valued at Rs.15.00 lakh for the deceased, who succumbed to the injuries in an accident that had occurred on 16/8/2013 the Tribunal has awarded a sum of Rs.2,55,000.00 with interest at the rate of 9% per annum from the date of claim petition till realization, holding liable the opponents therein to pay the compensation to the appellant " original claimant. Hence, grieved claimant has filed this appeal on the point of quantum.

(2.) The brief facts of the case are that on 16/8/2013 at about 9.00 A.M, the deceased Sunilbhai Budhabhai Rathod was traveling by Rickshaw bearing registration No. GJ-7-VW- 9938 and coming to the Nadiad and when he was passing through the place of incident, in the sim of Andhaj Village, at that time, driver of the S.T. Bus came driven by his offending S.T. Bus bearing registration No. GJ-18-Y-7520 in excessive speed, in rash and negligent manner and dashed with the rickshaw. In this accident, the deceased received serious injuries and succumbed to the injuries.

(3.) Though served, the respondent Nos. 2 and 3 has put in no appearance and accordingly, the Court proceeded with the final hearing of the matter. Heard, learned advocate Mr. H.K. Thakor for the appellants and learned advocate Mrs. Vasavdatta Bhatt for the respondent No. 1 and learned advocate Mr. Tanmay B. Karia for the respondent No. 3 " insurance company.