CHHAGANBHAI LAVJIBHAI PATODIYA Vs. NITINBAHI KANAKBHAI VYAS

JUDGEMENT

(1.) Being aggrieved and dissatisfied with the judgment and award dtd. 06/04/2018 passed by the Motor Accident Claims Tribunal (Auxiliary), Rajkot in Motor Accident Claims Petition No.84 of 2012, present appeal has been filed by the appellant- heir and legal representative of the deceased.

(2.) Admit. Mr. Alkesh N. Shah, learned advocate waives service of notice of admission on behalf of defendant - insurance company. Though served, no one appears on behalf of defendant no.1.

(3.) Mr. Hemal Shah, learned advocate for the appellant submitted that present appellant is widow of the deceased who died during the pendency of the Motor Accident Claim Petition No.84 of 2012 which was filed by the deceased as having sustained injuries during the vehicular accident which had occurred on 03/09/2011 while he was traveling from his home to visit Hanuman Temple situated at Sardhar Road on motor cycle bearing registration no.GJ-3-BK-8579. When he reached Vitthalvav, suddenly one city ride bus bearing registration no.GJ-14-W-82 came from opposite side and dashed with the motor cycle due to which the original claimant sustained grievous injuries. He had almost lost his mental balance. He had difficulties in his speed and was not in a position to even walk on his own and he was admitted to Sterling Hospital, Rajkot. FIR was registered at Rajkot Taluka Police Station as I-CR No.184 of 2011 for the offence punishable under Ss. 279 , 337 , 338 of the Indian Penal Code as well as Ss. 134 , 184 and 117 of the Motor Vehicles Act.