SANJAYKUMAR HARMANBHAI PATEL Vs. SALIMBHAI AHMADBHAI DIVAN

JUDGEMENT

(1.) This is an appeal under Sec. 173 of the Motor Vehicles Act, 1988 arising out of the judgment and award dtd. 22/1/2014 rendered by the learned Motor Accident Claims Tribunal (Auxi.), Vadodara (the Tribunal) in Motor Accident Claim Petition No. 1128 of 2006 (claim petition), whereby, the Tribunal was pleased to award compensation of Rs.3,03,000.00 with simple interest at the rate of 9% per annum from the date of claim petition till realization and cost against the total claim of Rs.20.00lakh as claimed by the appellants - original claimants towards the death of the deceased. Accordingly, the appellants have preferred this appeal for enhancement of compensation.

(2.) Since the facts of the accident are not in dispute, the Court deems it proper not to discuss the same. Least is to say that on 26/6/2006, the deceased was travelling in a bus bearing registration No. GJ-6-X-9644, which, as per the case of the claimants, turned turtle due to rash and negligent driving of the driver of the bus due to which, the deceased sustained grievous injuries and eventually, succumbed to the injuries, for which, the claimants filed the aforesaid claim petition claiming compensation to the tune of Rs.20.00 lakh.

(3.) Heard, learned advocate Mr. Mohsin Hakim for learned advocate Mr. MTM Hakim for the appellants and learned advocate Mr. Palak Thakkar for the respondent No. 3. Though served, nobody appears for the respondent No. 1 and 2, who are the driver and the owner of the offending vehicle. Since, the liability is not in dispute, the Court proceeded with the matter.