MAYABEN RAMANLAL JAISWAL Vs. RAJUBHAI CHIMANLAL JAISWAL

JUDGEMENT

(1.) Six Motor Accident Claim Petition Nos.1085 of 2004 to 1090 of 2004 were filed before the Motor Accident Claim Tribunal (Aux.), Sabarkantha at Himmatnagar, which arose out of an accident, which occurred on 3.4.2004 on account of collusion between Tata Sumo bearing registration No. GJ 18 AA 5027 and other vehicle No.407 resulting into personal injuries to four persons and three persons succumbed to the injuries. All the seven persons, who sustained injuries and met with the death, were traveling in the Tata Sumo at relevant time. The said accident took place when all these seven persons were going to Chanod from Ahmedabad in the said Tata Sumo car. The said Tata Sumo Jeep car was driven by the father of the applicants of MACP No.1085 of 2004, namely, Mugatlal @ Mukeshlal Jaiswal. According to the case of the claimants, at that time, Tata Sumo car was going on Ahmedabad Nadiad on four lane Highway from the outskirt of village Dhamatvan, where driver Mugatlal @ Mukeshlal Jaiswal drove the said car in full speed negligently and colluded the same with a divider of the road and as the vehicle was in full speed, it turned turtle and serious accident took place, wherein three persons lost their lives and four other sustained serious injuries.

(2.) While dealing with issue No.1, the tribunal found that the accident occurred due to carelessness and negligent driving of the vehicle involved i.e. Tata Sumo Jeep Car and other vehicle. Upon analysis and appreciation of evidence, the tribunal came to the conclusion that the accident has occurred due to negligency of drivers of both the vehicles, namely tata Sumo Jeep car and further due to negligency of the driver of the other vehicle bearing No.407 which escaped from the place of accident. So, the tribunal held 80% liability of the driver of Tata Sumo and 20% of the driver of one other unknown vehicle bearing No.407 and thus, the tribunal answered the said issue No.1 accordingly.

(3.) Being aggrieved by and dissatisfied with the judgment and award dated 29.3.2007 passed by the Motor Accident Claim Tribunal (Aux.), Sabarkantha at Himmatnagar, the appellants preferred these appeals for enhancement of the claim under section 173 of the Motor Vehicles Act.