SAROJBEN RAMESHBHAI Vs. MITESH POONAMBHAI RANA

JUDGEMENT

(1.) Though served, the respondent No.3 has failed to appear.

(2.) By way of this Appeal, the Appellants-claimants have challenged the judgment and award dtd. 30/6/2021 passed by the learned Motor Accident Claims Tribunal, Vadodara in M.A.C.P. No.472 of 2017.

(3.) The facts in brief, which give rise to the present Appeal are that the deceased, the husband of claimant No.1 and father of claimant No.2, was working as a Cleaner on Atul Shakti Tempo bearing Registration No.GJ-6-AW-2533. On 3/3/2017, the deceased was returning from Bodeli after unloading the goods. The said tempo was driven by the respondent No.1 the deceased was riding in the tempo as he was the Cleaner. When they were passing through Pansholi Vasahat at about 8.00 pm, a Trailer bearing Registration No.GJ-12-Z-3464 was parked on the road by its driver, without any parking signals or reflectors. As the driver of the tempo could not see the trailer parked on the road on account of the focus of headlight of the oncoming vehicles, the tempo collided with the said trailer from behind and then dashed with the roadside railing. The deceased suffered grievous injuries and died on the spot. A complaint was registered with Dabhoi Police Station as I-C.R. No.24 of 2017.