JYOTIKABEN HITESHBHAI ACHARYA Vs. KANJIBHAI BHANABHAI PATEL

JUDGEMENT

(1.) BY this first appeal, the appellant herein ­ original claimants have challenged the judgment and award dated 24.04.2012 passed by the learned Additional District Judge, Ahmedabad (Rural) in M.A.C.P. No.480 of 1997.

(2.) THE claim petition was filed by the claimant claiming compensation of Rs.11,00,000/ for death of deceased Hiteshbhai in accident which took place on 23.01.1997. It is the case of the claimants that deceased was traveling in Maruti car along with his friends from Bhavnagar to Ahmedabad. Driver of maruti car was driving his vehicle slowly and when the car reached near Aaram Gruh on Barvala road, at that time driver of opponent no.1 came with his truck driving rashly and negligently. As a result accident occurred. Deceased received serious injuries and died. The learned Tribunal after considering oral and documentary evidence by order dated 24.04.2012 partly allowed the claim petition of the appellant herein. Against the said award, the appellant ­ original claimant 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 24.04.2012 passed by the learned Tribunal together with oral as well as documentary evidence on record.