MADHUBEN Vs. SADHU BABUBHAI LALDAS

JUDGEMENT

(1.) This appeal has been preferred by the appellants - original claimants against the respondents - original opponents under Sec. 173 of the Motor Vehicles Act (for short 'the Act') being aggrieved and dissatisfied by the judgment and award dtd. 07/05/2007 passed by the learned MACT (AUX), Mehsana in MACP No.740 of 2003. The parties are herein after referred to as the applicants and opponents as they stood in the original petition for the sake of convenience, clarity and brevity.

(2.) Brief facts as emerging from the record as as under: 2.1 That, on 10/06/2003, Jaguji Laxmanji was working in the night shift in a factory at Budasan and after completion of his duty he was riding his bicycle and going from Budasan to Rangpurda. That he was riding his bicycle on the left side of Kadi Thol Road and when he reached near Pirojpur Garnala at around 8:30 a.m., the opponent No.1 came driving jeep bearing Registration No.GJ-2K-5371 which was in the ownership of the opponent Nos.2 and 3 rashly and negligently and dashed with Jaguji Laxmanji and he was thrown down on the tar road and his bicycle was broken. That he sustained injuries and was immediately taken to Kadi Bhagyoday Hospital where he was given primary treatment and as the injuries were grievous he was shifted to Civil Hospital, Ahmedabad where he succumbed to his injuries. The offence was registered at Kadi Police Station being I-CR No.166 of 2003.

(3.) That at the time of accident deceased-Jaguji Laxmanji was 42 years old and he working in a factory at Budasan and was earning Rs.3,000.00 per month and was also getting overtime, PF, EL and other benefits. That he was also doing farming at Rangpurda Village and thereby earned Rs.15,000.00 per annum. That the applicants have preferred the claim application for compensation of Rs.5,00,000.00 under all available heads.