NATIONAL INSURANCE CO. LTD. Vs. TINABHAI MADHUBHAI MER

JUDGEMENT

(1.) By way of present First Appeal under Sec. 173 of the Motor Vehicles Act, 1988, a challenge is made to an order dtd. 7/3/2005 passed by Motor Accident Claims Tribunal (Aux.) Fast Tract Court No.3, Bhavnagar in Motor Accident Claim Petition No.524 of 1999, which came to be partly allowed.

(2.) The background of facts which has given rise to present appeal is that on 31/5/1999, Tinabhai Madhavbhai, son of applicant Nos.1 and 2, was plying Luna scooter bearing registration No.GJ-4 3426 and passing towards Vaghnagar of Mahuva Taluka. He was driving his vehicle cautiously on the correct side of the road, but when he reached at bridge of the river Malan, opponent No.1 who was driving his vehicle, i.e. three-wheeler tempo bearing registration No.GJ-4 U 6811 carelessly, dashed with scooter of Tinabhai, which resulted in an accident and said Tinabhai, i.e. son of the original claimants, died on the spot. Opponent No.2 was owner of the above-mentioned three- wheel tempo which was insured with opponent No.3 Insurance Company and for the said accident, a criminal was also registered against opponent No.1.

(3.) It is the case of the original applicants- claimants that at the time of occurrence of accident, son Tinabhai was aged about 20 years and was doing earning activity of diamond cutting and polishing work and was earning Rs.4,000.00 per month and on account of a sudden death of their son, original claimants lost their only bread-earner and as such by submitting a claim petition under Sec. 166 of the Motor Vehicles Act, 1988, a compensation was sought to the extent of Rs.3.00 lacs under multiple heads which was registered as Motor Accident Claim Petition No.524 of 1999.