NIMISHABEN ALPESHBHAI VORA Vs. UMAR FARUK MOHMMAD SURTI

JUDGEMENT

(1.) THIS appeal has been filed by the original claimants under Sec.173 of the Motor Vehicles Act, 1988 being aggrieved and dissatisfied with the judgment and award dated 13 -2 -2012 passed by the learned 6th Addl. District Judge, MACT (Main), Rajkot in MACP No.1091 of 2007.

(2.) FACTS in short are that claim petition was filed by the heirs and legal representatives of deceased Alpeshbhai Dhirajlal Vora under Sec.166 of Motor Vehicles Act claiming Rs.20,00,000/ - as compensation for his death which is caused in a vehicular accident which occurred on 14 -8 -2007 at about 9.30 p.m. near Gajanan Cinema, Ahmedabad Highway Road, Godhra. It is inter alia contended that when the motor cycle No.GJ -17L -3232 driven by the deceased was parked on the roadside on Ahmedabad Road near Gajanan Cinema at Godhra, a truck No.GJ -3T -2368 driven by its driver rashly and negligently dashed with the motor cycle causing fatal injuries to the deceased. After hearing the learned counsel for the parties and considering the oral as well as documentary evidence on record, the impugned award was passed by the Tribunal.

(3.) I have heard learned advocates, Mr.Vimal Patel for the appellant and Mr.Palak H.Thakkar for the respondent No.2.