SAROJBEN NATVATSINH RATHOD Vs. NAGINBHAI MOHANBHAI RATHOD

JUDGEMENT

(1.) Heard the learned advocates appearing for the respective parties.

(2.) Being aggrieved and dissatisfied with the judgment and award dtd. 17/11/2006 passed by the MACT (Aux), Panchmahals at Godhra in MACP No.583/1988, the appellants - original claimants have preferred present First Appeal under Sec. 173 of the Motor Vehicles Act.

(3.) It is the case of the claimants that tractor bearing registration No.GAF-9429 of opponent No.2 and trailer bearing registration No.GRY-6238 of opponent No.3 was loaded with bags of fertilizers and sand, which was already loaded, was driving in excessive speed and in rash and negligent manner. When the said tractor reached near Sansoli Village, at that time, opponent No.5 came driving tractor bearing registration No.GAM-6289 with trailer bearing registration No.GRY-6402 and dashed with the tractor No. GAM-6289 and as a result, accident took place. It is stated that opponent No.1 lost control over his tractor No.GAF-9429, wherein, the deceased was travelling and fell down on the ground and the wheel of the tractor passed over on his stomach and he sustained grievous injuries.