LAWS(GJH)-2013-7-215

ASHOKBHAI KASHIBHAI PATEL Vs. ARVIND BHAILAL PARMAR

Decided On July 16, 2013
Ashokbhai Kashibhai Patel Appellant
V/S
Arvind Bhailal Parmar Respondents

JUDGEMENT

(1.) BY this first appeal, the appellant herein ­ original claimant has challenged the judgment and award dated 02.02.2006 passed by the learned M.A.C.T.(Main), Vadodara in M.A.C.P. No.210 of 1997.

(2.) ACCIDENT in question occurred on 17.10.1996. It is the case of the claimants that original applicant no.2 was pregnant and when she was returning to home in the bus, all of sudden conductor gave signal to start the bus and driver of the bus started the bus. As a result, the claimant fell down and wheel of the left hand side of State Transport Bus ran over the claimant's left leg. It is the case of the claimants that accident occurred due to negligent act of the driver of S.T.Corporation. It is further case of the claimants that due to accident, claimant ­ Alkaben sustained injury over abdomen and was forced to abort the pregnancy of five months. A dead child was born. Therefore, claimants filed claim petition for getting compensation. After recording evidence, learned Tribunal by judgment dated 02.02.2006 partly allowed the claim petition and awarded compensation of Rs.50,000 in favour of the original claimants. Against the said award, original claimants have preferred this appeal.

(3.) THIS Court has gone through the judgment and award dated 02.02.2006 passed by the learned Tribunal together with oral as well as documentary evidence on record.