GAJARABEN AMRUTLAL BABARBHAI PATEL Vs. PRAKASHBHAI CHHIBUBHAI PATEL

JUDGEMENT

(1.) BY this first appeal, the appellants herein ­ original claimants have challenged the judgment and award dated 19.01.2004 passed by the learned M.A.C.Tribunal (Main), Valsad in M.A.C.P. No.664 of 2002 (492 of 1994).

(2.) THE claim petition was filed by the original claimants (wife, father and mother of the deceased) claiming compensation of Rs.7,00,000/ as deceased died in the accident. The accident occurred on 16.04.1994 on Dungari Dharasana road. That the deceased was going from Undergot village to his house by motorcycle. He was driving the motorcycle on the left side of the road in a slow speed. When he reached near the place of accident, driver of the offending vehicle came in rash and negligent manner and dashed with the deceased. Because of impact deceased sustained serious injuries and he died. The learned Tribunal after considering oral and documentary evidence by order dated 19.01.2004 partly allowed the claim petition of the appellants herein. Against the said award, the appellant ­ original claimant has preferred this appeal for enhancement of compensation.

(3.) IT is submitted by Mr.Thomas, learned advocate for the respondent ­ insurance company that after relying on documentary evidence, Tribunal has rightly considered 20% negligent on the part of the deceased. Therefore, it is requested to dismiss the appeal.