YUVRAJSINH BHAKTUBHA SARVAIYA Vs. ARVINDSINH POPATBHAI GALTHARIYA

JUDGEMENT

(1.) The present Appeal is filed by the appellants - original claimants seeking enhancement of the compensation amount awarded by the Motor Accident Claims Tribunal (Auxi.), Bhavnagar at Mahuva (hereinafter referred to as "the Tribunal") vide impugned judgment and award dtd. 30/1/2020 passed in M.A.C.P. No.22 of 2018, whereby the Tribunal has partly allowed the claim petition and awarded a sum of Rs.3,32,591.00.

(2.) Brief facts of the present case are that, on 28/12/2017, deceased was going from Talaja to village Kamrol as a pillion rider on motorcycle bearing registration No.GJ-4-AN-1119. When they reached near village Kamrol, at that time, respondent No.1 came by driving his motorcycle bearing registration No.GJ-4-CL-9147 on wrong side and in rash and negligent manner and dashed with the motorcycle on which the deceased was travelling as pillion rider. Due to the said accident, the deceased fell down on the road and sustained serious injuries, which resulted into death. Hence, the appellants - original claimants have filed M.A.C.P. No.22 of 2018 before the Tribunal. The Tribunal, after evaluating the pleadings and evidence tendered by the parties, partly allowed the claim petition and awarded a sum of Rs.3,32,591.00 under different heads as against the claim of Rs.25,00,000.00.

(3.) It came to be held by the Tribunal that said amount was ordered to be awarded to the deponents. Not being satisfied with the compensation amount, this appeal has been filed.