VINUBA ANIRUDDSINH JADEJA Vs. MANGA PUNJA HARIJAN

JUDGEMENT

(1.) THIS appeal has been filed by the claimants, who are heirs and legal representatives of the deceased, under Sec.173 of the Motor Vehicles Act, 1988 being aggrieved and dissatisfied with the judgment and award dated 6-7-1999 passed by the Motor Accidents Claims Tribunal (Aux.2), Kachchh at Bhuj in MACP No.80 of 1993.

(2.) THE claim petition was filed by the heirs and legal representatives of the deceased Mr.A.B.Jadeja claiming Rs.20,00,000/- as compensation for his death which is caused in an accident which occurred on 9-11-1992 when the deceased was going on motor cycle No.GJ-12- A-7771 as a pillion rider from Gopalpuri to Kandla driven by opponent No.4 and at about 4.45 p.m. when they were trying to park their scooter 3 km away from the West Gate of Kandla, opponent No.1's truck No.G.R.U.3888 driven rashly and negligently and in excessive speed dashed with the motor cycle from the backside causing fatal injuries to the deceased.

(3.) I have heard learned advocates, Mr.S.M.Shah for the present appellants-original claimants and Mr.Sandip C.Shah for the respondent No.3 Insurance Company and have also taken into consideration the relevant oral as well as documentary evidence such as FIR and panchnama and other evidence. Though rule is duly served upon respondent Nos.1,3,4 and 5, nobody appears on their behalf.