RAMILABEN BHANUBHAI SHAH Vs. DELETED EX 16

JUDGEMENT

(1.) Appellants are the original claimants, who have questioned the legality of the amount of compensation awarded to them by the Motor Accidents Claims Tribunal (for short, "the Tribunal") at Vadadara (Aux) Vadodara in M.A.C.P. No. 442 of 1992 for the unfortunate and untimely demise of bread-earner of the family, Dilipkumar in a road mishap, which occured, on 08-02-1992, at about 7.45 A.M. near Nala of Bharthana village on National Highway No. 8, with truck bearing No. R.P.F. No. 4241 coming from the opposite direction, violently dashing against it, by invoking the aids of provisions of Sec. 173 of M.V. Act 1998, inter-alia, contending that the quantification of damages assessed by the Tribunal is grossly inadequate.

(2.) Before entering into the merits of the quantam fixed by the Tribunal, it be recorded that the factum of accident between truck No. RPF No. 4241 and the matador No. GJ-6T-4894 on the extreme left side of the matador on N.H. No. 8 resulted into serious injuries on 08-02-1992 to deceased Dilipkumar, who was driving matador and he also owned it, and culminated into his death after six days.

(3.) Appellant No. 1, mother, original claimant No. 1; appellant No.2, father, original claimant No. 2; and appellant No. 3, sister, original claimant No. 3, filed the claim petition before the Tribunal, claiming an amount of Rs.8,00,000/= (Rupees Eight Lacs Only) by way of compensation for the death of Dilipkumar.