HIRABEN KARSANBHAI HADHABHAI VARCHAND Vs. ISHMAIL ABDUL SUMRA

JUDGEMENT

(1.) This appeal is filed by the appellants - claimants seeking enhancement of the compensation amount awarded by the Motor Accident Claims Tribunal (Aux.7), Anjar - Kachchh (hereinafter referred to as "the Tribunal") vide impugned judgment and award dtd. 5/12/2018 passed in M.A.C.P. No.305 of 2015.

(2.) Brief facts of the present case are that on 11/5/2001, deceased Karsanbhai Hadhabhai Varchand was returning from Radhanpur to Khengarpar in Armada Jeep bearing registration No.GJ-24-U-61 and at about 1.00 hours, when the jeep was on Radhanpur - Santalpur National Highway Near Manpurgam, at that time a tanker bearing registration No.GJ-01-V-4850 was going ahead of the jeep and in the meanwhile, a truck bearing registration No.GQY-4473 came from the opposite direction in full speed on wrong side dashed with tanker and tanker dragged towards Radhanpar side and the rear portion of the tanker dashed with the front portion of the jeep, as a result of which, the deceased and others sustained serious injuries and the deceased succumbed to the injuries. Hence, the legal heirs of the deceased i.e. original claimants have filed claim petition before the Tribunal.

(3.) The claimants have relied upon the oral as well as documentary evidence as under:-