DILIPBHAI BABARBHAI PARMAR Vs. DILIPBHAI RAMJIBHAI PATEL

JUDGEMENT

(1.) Admit. Learned advocate Mr. Maulik Shelat waives service for respondent No. 2. Though served, no one appears for the respondent No. 1.

(2.) Challenge in this appeal under Sec. 173 of the Motor Vehicles Act, 1988 (MV Act ) is to the judgment and award dtd. 1/10/2019 passed in Motor Accident Claim Petition No. 90 of 2017 (claim petition) by the learned Motor Accident Claims Tribunal (Auxiliary), Kheda at Nadiad (the Tribunal) whereby, against a claim of Rs.5.00 lakh, the Tribunal has awarded an amount of Rs.2,45,000.00 towards compensation.

(3.) The claim petition was filed on behalf of a minor deceased who, on 23/10/2016, was going as pedestrian and when he reached near the place of accident, a Dumper truck bearing registration No. GJ-2-Z-5316 came in excessive speed, in rash and negligent manner, and dashed with the deceased and the deceased died on the spot.