NARAYNABHAI LAKHABHAI MAKWANA Vs. FATEHSINGH HIMATSING CHAUHAN

JUDGEMENT

(1.) By filing these appeals, the appellants herein - original claimants have challenged the legality of common judgment and award dated 09.07.2004 passed by the learned M.A.C. Tribunal (Auxi.), Vadodara in M.A.C.P. No. 371 of 1993 and M.A.C.P. No. 372 of 1993. Therefore, the appeals are disposed of by this common judgment.

(2.) On 25.02.1993, one Kishorbhai was going to Station on bicycle at about 8.00 a.m. in the morning, on which Jyotsanaben was sitting on the back seat. When they reached near guest house of Dipak Nitraite on Gotri road, original opponent No. 1 came driving his tempo from opposite direction in rash and negligent manner in high speed and dashed his tempo with the bicycle. Both Kishorbhai and Jyotsnaben got injured. They were shifted to hospital where Jyotsnaben expired. Therefore, the applicants herein have filed respective claim petitions. The learned Tribunal after considering oral and documentary evidence on record passed award on 09.07.2004. Against the said judgment and award, original claimants have preferred present first appeals :

(3.) First Appeal No. 3160 of 2007 (M.A.C.P. No. 371 of 1993) :