MINAKSHI @ MINABEN SURESHBHAI PATEL Vs. RAMDAS DIWARSINH THAKORE

JUDGEMENT

(1.) THIS appeal under Sec.173 of the Motor Vehicles Act, 1988 has been filed by the original claimants being aggrieved and dissatisfied with the judgment and award dated 29-9-2000 passed by the Motor Accidents Claims Tribunal, Valsad at Navsari in MACP No.38 of 1992 whereby the Tribunal has awarded compensation of Rs.1,84,760/- (being 60% of the total compensation amount of Rs.2,49,600/- as it was held negligent to the extent of 60%) to be paid by the original opponent Nos.1 to 3 jointly and severally with interest at the rate of 12% per annum from the date of claim petition till realisation and with proportionate costs.

(2.) FACTS in short are that claim petition was filed by heirs and legal representations of deceased Sureshbhai claiming compensation of Rs.5,00,000/- for death of the deceased which is caused in an accident which occurred on 17-11-1991 when the deceased was going on motor cycle as a pillion rider from Chikli to Vansda driven by is friend Hasmukh Kantilal Thakore and when they reached near Village Deldha, truck No.MP-1200-0878 owned by opponent No.2 and driven by opponent No.1 and insured by opponent No.3 rashly and negligently and in excessive speed dashed with the motor cycle from front causing fatal injuries to the deceased.

(3.) I have heard learned advocates, Mr.Hiren Modi for the present appellants-original claimants and Mr.Vibhuti Nanavati for the respondent No.3 Insurance Company and have also taken into consideration the relevant oral as well as documentary evidence such as FIR and panchnama and other evidence.