LAWS(GJH)-2023-3-45

VASANTBA Vs. IMTIYAZMIYA GULABMIYA PARMAR

Decided On March 06, 2023
Vasantba Appellant
V/S
Imtiyazmiya Gulabmiya Parmar Respondents

JUDGEMENT

(1.) This appeal under Sec. 173 of the Motor Vehicles Act, 1988 (for short "the Act 1988"), is filed by the appellants - Original claimants challenging the judgment and award dtd. 21/5/2010, passed by the learned Motor Accident Claims Tribunal (Main), Sabarkantha @Himatnagar in Motor Accident Claim Petition No.798 of 2007, wherein, the Tribunal awarded total compensation of Rs.3,80,000.00 with running interest @ 6% p.a. from 16/3/2010 till realization with proportionate cost. The claim for court fees for this appeal has been restricted to Rs.1.00lac.

(2.) Following facts emerged from the record of the appeal:

(3.) That on 14/6/2006, Dilipsinh was going towards Solapur from Ahmedabad by traveling in swaraj mazda bearing registration No. GJ-18-U-6884, as a second driver and when they were passing near Hingoli Village, on Puna-Solapur road on account of rash and negligent driving of the driver of the swaraj mazda, the same turned turtle and dashed with the tree resulting into accident. On account of the said accident, Dilipsinh (deceased hereinafter) sustained grievous injuries and succumbed to same. FIR was lodged and Panchnama was prepared. The legal heirs of the deceased filed claim petition under Sec. 166 of the Act, seeking compensation of Rs.7.00 lacs under different heads.