JITENDRASINH PARBATJI CHAVDA Vs. CHAVDA MANUJI JIVANJI

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied by the judgment and award dtd. 12/1/2006 passed in MAC Petition No.741 of 2005 by the learned Presiding Officer, Fast Track Court No.4, Mehsana, the appellants - original claimants have approached this Court by way of present Appeal under the provision of the Motor Vehicles Act , 1988 (for short 'the MV Act ').

(2.) The original claim was of Rs.3,50,000.00, as against that the learned Tribunal has awarded a sum of Rs.1,33,000.00 with 9% interest as under :

(3.) It is the case of the claimants that on 11/9/2005, their child, namely, Jitendra, who was aged about 8 years, was playing in the society. At that time, one rickshaw bearing No.GJ-2-Y-6639 was being driven rashly and negligently by the driver and while taking the rickshaw on the reverse , hit the child of the claimants and in pursuance thereto, minor Jitendra received serious injuries and while taking him to the hospital, he succumbed to the injuries.