JYOTIBEN ARVINDBHAI THACKER Vs. DHIRAJ SADUR AHIR

JUDGEMENT

(1.) SINCE the subject matter involved in all these three Appeals is the same, and the challenge in all the three appeals is also against a common judgment and award passed by the MACP Tribunal, those were heard analogously and are being decided by this common judgment and order.

(2.) THESE Appeals under Section 173 of the Motor Vehicles Act, 1988 are at the instance of the claimants for enhancement of compensation, and are directed against common judgment and award dated 23rd April, 2002, passed by the Motor Accident Claims Tribunal (Main), Kutchh at Bhuj in MACP No.306/1993, MACP No.308/1993 and MACP No.309/1993 respectively.

(3.) IT appears from the materials on record that the persons who lost their lives in the accident were travelling from Bhuj to Rapar in a Jeep bearing registration No.GJ-12G-549. At about 6.45 in the early morning, the jeep rammed into a stationary truck bearing Registration No.GQA-5181 from the rear portion, as a result of which four persons who were travelling in the said jeep, died at the spot. It also appears that the jeep was of the ownership of the Government and the same was being used by the Executive Engineer, Roads & Buildings Division, Bhuj-Kutchh who is the opponent no.5 in the main claim petition. The case of the claimants in all the three petitions before the Tribunal was that the death of the deceased persons was the direct result of a rash and negligent act on the part of the driver of the truck in keeping the truck stationary without any reflectors or signs visible enough to the driver of another vehicle.