CHATUR DHEDIA RATHWA Vs. ABDUL SATTAR IDRISHBHAI PATHAN

JUDGEMENT

(1.) Present batch of First Appeals are filed under Sec. 173 of Motor Vehicles Act in connection with common judgment and award passed on 1/3/2007 by learned Motor Accident Claims Tribunal (Aux. Judge), Fast Track Court No.4, Vadodara.

(2.) Since common judgment and award is sought to be requested to be modified, separate first appeals have been filed in respect of each claim petition, details whereof would be provided hereunder, but few facts related to controversy are taken from First Appeal No.2472 of 2008 for sake of convenience.

(3.) In First Appeal No.2472 of 2008, original claimants have asserted that son of appellant namely Ramanbhai Chaturbhai Rathwa was going from Chhota Udepur to Vapi-Navsari for labour work with his wife and sister on 5/12/2003 at 7.30. a.m. with goods in Truck No.GJ-17 X-2289. When they reached near Pathakvadi Vyara- Unai Road, respondent No.1 -truck driver driving his truck in full speed in rash and negligent manner lost control over steering and as such, truck turned turtle. As a result of accident, deceased, his wife and sister sustained fatal injuries and died on the spot. On account of such unnatural and untimely death, a claim petition was submitted before Motor Accident Claims Tribunal, Vadodara claiming compensation of Rs.4.00 lakh. This First Appeal relates to Claim Petition No.382 of 2004.