USHABEN DILIPBHAI PATEL Vs. ATULBHAI THAKORLAL PUROHIT

JUDGEMENT

(1.) This First Appeal is filed by the appellant - original claimants under Sec. 173(1) of the Motor Vehicles Act, 1988, against the judgment and award dtd. 28/10/2016 passed in Motor Accident Claim Petition No. 519 of 2012 by the Motor Accident Claims Tribunal (Auxi.)and 4th Additional District Judge, Kheda at Nadiad, which was preferred under Sec. 166 of the MV Act, whereby, against a claim valued at Rs.8.00 lakh for the injuries sustained in an accident that had occurred on 2/3/2012 the Tribunal has awarded a sum of Rs.4,04,288.00 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 2/3/2012, deceased - Dilipbhai Ranchhodbhai Patel and others were traveling in the Tempo Trax Cruiser. It is the case of the claimants that the Tempo was being driven at moderate speed and correct side of the road, but when they reached the place of the accident, from the opposite direction, driver of Truck bearing registration No. GJ.15.Z.1039 came in excessive speed in rash and negligent manner and dashed with the Tempo Trax Cruiser and because of that one Alto Car, which was coming from behind dashed with the Tempo Trax Cruiser, and as a result the accident occurred and deceased sustained serious injuries on the various parts of the body and succumbed to the injuries.

(3.) Though served, the respondent Nos. 4, 6, 7 and 8 has put in no appearance and accordingly, the Court proceeded with the final hearing of the matter. Rule is unserved to the respondent No.3. Heard, learned advocate Mr. Vaibhav N. Sheth for the appellants and learned advocate Mr. Tanmay B. Karia for the respondent No. 5 - insurance company.