LAWS(GJH)-2022-10-1064

MAKWANA RANJANBEN Vs. HIRENKUMAR HARGOVANBHAI

Decided On October 19, 2022
Makwana Ranjanben Appellant
V/S
Hirenkumar Hargovanbhai Respondents

JUDGEMENT

(1.) This appeal is filed by the appellants - claimants seeking enhancement of the compensation amount awarded by the Motor Accident Claims Tribunal (Aux.-I), Mahesana (hereinafter referred to as "the Tribunal") vide impugned judgment and award dtd. 20/11/2009 passed in M.A.C.P. No.391 of 2005, whereby the Tribunal has partly allowed.

(2.) Brief facts of the present case are that on 25/4/2005, deceased Rasikbhai Sadabhai was travelling in a jeep bearing registration no.GJ-18A-2481 from Gozaria to Lakhavad, which came to be driven in rash and negligent manner and at that time at about 9.00 p.m., near curve of Village Meu, the said jeep dashed with one stationary trolly standing, due to which Rasikbhai sustained fatal injury and succumbed to the injury. Hence, the legal heirs of the deceased have filed claim petition before the Tribunal. The Tribunal, after evaluating the pleadings and evidence tendered by the parties, partly allowed the claim petition and awarded compensation.

(3.) It came to be held by the Tribunal that said amount was ordered to be awarded to the deponents. Not being satisfied with the compensation amount, this appeal has been filed.