CHAUHAN SHARDADEVI Vs. AGARIYA HAIDAR SABDAR ALI

JUDGEMENT

(1.) By way of the present Appeal, the appellants herein is aggrieved by the judgment and order dtd. 26/12/2017 passed by the Motor Accident Claim Tribunal (Main) Arvalli at Modasa in M.A.C.P. No. 773 of 2015 (Old No. 418 of 2013). The said order passed by the Tribunal reads thus:

(2.) Brief facts of the present case are that, on 20/4/2013, the deceased was going towards Village: Shamlaji from Asal on motorcycle of opponent no.1, bearing registration No. GJ-9-VF-3963. It is further the case of the claimants that the opponent no.1 was riding the said motorcycle and deceased was pillion rider on the said motorcycle. It is further the case of the claimants that the opponent no.1, was riding the said motorcycle, in a rash and negligent manner and endangering to human life and when they were passing through the place of accident i.e. near outskirt of Village: Rudardi, Shamlaji - Himmatnagar National Highway, the opponent no.1, lost control over the steering, and therefore, his motorcycle slept as a result accident occurred in which deceased sustained serious injuries and died during the treatment. It is further the case of the claimant that due to the sole negligence of opponent no.1, accident took place.

(3.) The appellants - original claimants, being aggrieved by the compensation awarded by the Tribunal, approached this Court by way of present First Appeal.