ISHWARLAL KALYANJI SONEJI Vs. MANEKLAL PANNALAL MALI

JUDGEMENT

(1.) BY this first appeal, the appellant herein ­ original claimants have challenged the judgment and award dated 30.04.2004 passed by the learned M.A.C.T.(Auxi), Court No.16, Ahmedabad in M.A.C.P. No.733 of 2001.

(2.) THE claim petition was filed under section 163A of the M.V.Act by the parents of the deceased ­ Abhay Trivedi claiming compensation of Rs.10,00,000/ for death of the deceased, which is caused in an accident, which occurred on 30111999 when he was proceeding to Bardoli from Surat. The deceased was driving bike. The vehicles involved in accident are truck and bike. It is the case of the claimants that truck came in rashly and dashed with the deceased and as a result deceased received serious injury and thereafter, he died. The learned Tribunal after considering oral and documentary evidence by order dated 30.04.2004 partly allowed the claim petition of the appellant herein. Against the said award, the appellant ­ original claimants has preferred this appeal for enhancement of compensation.

(3.) HEARD learned advocates for the respective parties. This Court has gone through the judgment and award dated 30.04.2004 passed by the learned Tribunal together with oral as well as documentary evidence on record.