JENTILAL MOHANBHAI PATEL Vs. VIJAYKUMAR G. CHAUDHARY

JUDGEMENT

(1.) The appellants are the claimants, who challenged the judgment and award dtd. 23/5/2017, passed by the learned Motor Accident Claims Tribunal (Auxi.) Surat in M.A.C.P. No.422 of 2008, wherein the learned Tribunal has granted Rs.1,64,500.00 as compensation, and the claimants were directed to recover the same from opponents jointly and/or severally with running interest at the rate of 9% per annum from the date of petition till realization.

(2.) It is the case of the appellants that, on 24/12/2007, at about 6:00 P.M., deceased Khushbuben Jentilal Patel was proceeding towards tuition class of her younger brother to collect him, by driving her scooty bearing registration No.GJ-5-FA-5481, slowly, carefully and by following rules of traffic, and when she reached at Amroli - Kosad Road, one auto rickshaw bearing registration No.GJ-15-XX-3299, came rashly and negligently and in a manner endangering human life, dashed with scooty of the deceased, as a result of which, the deceased sustained serious injuries on her body parts and was taken to SMIMER Hospital, Surat where during treatment the deceased succumbed to the injuries.

(3.) The deceased was 17 years of age and was studying in standard-XI (since stream). As per the claimants, she was smart and clever in his study and was helping her mother in cottage industry. The petition was filed under Sec. 163A of the Motor Vehicle Act, 1988 claiming the compensation of Rs.3,00,000.00.