LILABEN HARIBHAI RABARI Vs. HUSEN NAZARKHANA NAKUM

JUDGEMENT

(1.) AT the time of hearing, First Appeal No.59 of 2009 was heard alongwith First Appeal No.58 of 2009, which is not appearing in the list. The same to be treated as on today's list.

(2.) THESE two appeals were taken up together, as these two appeals arise out of two claim -applications under Section 166 of the Motor Vehicles Act arising out of selfsame accident.

(3.) THE case made out in the Motor Accident Claim Petition No.1774 of 2005 was that on 29th May, 2005 the victim viz., Haribhai Dhulabhai Rabari was travelling in his own motorcycle, wherein his wife viz., Smt. Lilaben Haribhai, who is the claimant of the other claim -petition being Motor Accident Claim Petition No.1779 of 2005, was a pillion rider. When they reached near Mota Habipura, a truck coming from the opposite direction collided with the said motorcycle resulting in the death of Haribhai and serious injuries to the other claimant viz., Smt. Lilaben. In the claim -petition M.A.C.P. No.1774 of 2005, the claimants, who are widow, three minor children and parents of the victim, have claimed Rs.10 lakh as compensation.