NEELAM PRAKASH JAGYASI Vs. BHARATBHAI VAJESINH ZALA

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned judgment and award dtd. 26/2/2007 passed by the Motor Accident Claims Tribunal (Aux.), Vadodara (hereinafter be referred to "the Tribunal") in M.A.C.P. No.990 of 1998, the appellant - original claimant has preferred the present appeal under Sec. 173 of the Motor Vehicles Act (hereinafter referred to as "the Act").

(2.) Brief facts of the present case are that on 18/8/1997 at about 1.30 p.m., the accident took place between Matador bearing registration No.GJ-6-T-8802 and S.T. Bus bearing registration No.GJ-18-V-1749 near Sant Road on the Dahod - Godhra Road. On the day of the accident, the deceased Govind Jagyasi was going from Baroda via Godhra to Dahod by driving the Matador and Prakash Udhavdar was travelling in the said Matador, which was driven by the deceased and when they reached on Sant Road at that time the said S. T. Bus came from opposite direction in rash and negligent manner and in excessive speed dashed with the Matador, as a result of which, deceased Govind Jagyasi sustained fatal injuries and Prakash Udhavdar sustained serious injuries. Hence, the claimant has filed the claim petition claiming compensation of Rs.1,50,000.00. The Tribunal, after evaluating the evidence on record, partly allowed the claim petition and awarded a sum of Rs.20,000.00 as damage caused to the Matador.

(3.) Heard Mr.Mohsin Hakim, learned counsel appearing for the appellant and Mr.Hardik Rawal, learned counsel appearing for respondent no.1 - Corporation.