GEETABEN Vs. DURGASHANKAR KANIRAM SHANKAR

JUDGEMENT

(1.) By the judgment and order dtd. 21/7/2022, seven first appeals were decided which had arisen out of the judgment and award passed in the Motor Accident Claim Petitions which were raised towards the common accident.

(2.) Learned advocate Mr. R. K. Mansuri for the appellants stated that the present first appeal is also connected as the Motor Accident Claim Petition No. 23 of 2018 arose from the same accident.

(3.) The facts of the case, as emerged from record, suggest that on 14/11/2017 at about 3:30 a.m. the accident took place on Lunavada to Modasa four lane roadm, in the outskirts of village: Ambaliya of Malpur Taluka. Deceased Sardarbhai Dhirubhai Ninama was the driver of the Tractor Trolley, bearing registration No. GJ-20-TC-47 and the deceased, along with Shankarbhai Rajsinhbhai and other labourers left towards the road on Lunavada to Malpur and while they were on the road, a Truck bearing registration No. RJ-27-GB- 1848 came in excessive speed in rash and negligent manner, endangering human life and dashed with the tractor trolley from the rear side and because of that, the tractor trolley was thrown off on the left side of the road which dashed with the cabin which was located on the side of the road and the driver of the tractor trolley - Sardarbhai Ninama and others sustained serious injuries. Seven persons died on the spot, which included Sardarbhai Ninama and son of the deceased - Vipulbhai as well as other persons, sustained serious injuries.