TAHIRBHAI ISMAILBHAI ANSARI Vs. VALJIBHAI LAKHABHAI RATHOD

JUDGEMENT

(1.) Heard Learned advocate Mr. Mohsin Hakim for learned advocate Mr. MTM Hakim for the appellants and learned advocate Mr.Rudram Trivedi for learned advocate Mr. Nikunt Raval for respondent no.3.

(2.) The appellant-claimant has preferred this appeal under Sec. 173 of the Motor Vehicles Act, 1988 (for short "the Act") challenging the Judgment and Award dtd. 11/6/2012 rendered in MACP No.45/2008 passed by the Motor Accident Claims Tribunal (Main) Bharuch (for short "the Tribunal") whereby the Tribunal awarded Rs.4,26,900.00 towards compensation with interest at the rate of 9% per annum from the date of claim petition till realisation and proportionate cost of the petition to be realised from the respondent nos. 1 and 2 jointly and severally.

(3.) Brief facts of the case are that on 4/12/2007 at about 6:00 pm, while the deceased was working on JCB machine bearing registration no. GJ.16.AA-4944 near Vankhadi Bridge, Umarvada village as cleaner and was showing the side to the driver of JCB machine on completion of digging work, the driver of the JCB machine lost the control over the said JCB and the JCB turned turtle over the deceased as a result of which the deceased died on the spot.