HIRABHAI RAJABHAI RATHOD Vs. BHAGAJI MILJI RATHOD VANZARA

JUDGEMENT

(1.) BY this first appeal, the appellants have challenged the judgment and award dated 11-8-2011 passed by the learned M.A.C.T.(Auxi.), Dhrangadhra in M.A.C.P. No.57 of 2007.

(2.) THE claim petition was filed by legal heirs of the decaesed to get compensation of Rs.3,00,000/ - from all the opponents in respect of death of the deceased Hirabhai Rajbhai Rathod caused due to vehicular accident which took place on 5 -11 -2006. It is the case of the claimants that on 5 -11 -2006, deceased was travelling as a pillion rider on motor cycle No.GJ-13-H-1492 to go to Dhrangadhra and when the motor cycle reached beside K.P.Industry on public road, due to rash and negligent driving of motor cycle by original opponent No.1, the accident in question took place causing serious injuries to the deceased causing his death. The learned Tribunal after considering oral and documentary evidence partly allowed the claim petition of the appellants herein. Against the said award, legal heirs of the deceased have preferred this appeal.

(3.) HEARD learned advocates for the respective parties. This Court has gone through the judgment and award passed by the learned Tribunal together with oral as well as documentary evidence on record.