JESINGBHAI VALJIBHAI VANIYA Vs. CHANDRESH MANILAL CHANDARANA

JUDGEMENT

(1.) The present First Appeal, under Sec. 173 of Motor Vehicles Act, 1988, is preferred by the appellants ' original claimants challenging the judgment and award passed by the Learned Motor Accident Claims Tribunal (Aux.) Amreli dtd. 29/8/2009 in M.A.C. Petition No. 207 of 2000, by which the tribunal awarded compensation of Rs.90,261.00 with 7.5% interest to the claimants from the date of application till its realization, holding insurance company liable.

(2.) The brief facts of the case are that accident that occurred on 31-01 2000 at about 3-00 hours noon on Amreli-Ishvariya road nearby village Ishvariya within the jurisdiction of Amreli Taluka Police Station. It is the case of the applicants that deceased Rameshbhai Gandabhai Vaniya, Jesingbhai Valjibhai and Shamjibhai Savjibhai, by traveling in Bullet Motor- cycle its Registration no. GJ.4.L. 2781, they were going from Village Vikaliya to Amreli. It is further alleged by the claimant that at the relevant point of time the said Bullet motor cycle was being driven by Shri Jesingbhai Valjibhai and deceased Rameshbhai Gandabhai Vaniya and Shamjibhai Savjibhai were pillion rider on the said Bullet motor cycle and when they reached nearby Village Ishvariya, one Truck bearing its Registration No. GJ.14.T-4164, being driven by driver at excessive speed and in rash and negligent manner and by flouting the traffic rules came from opposite side and while overtaking the another vehicle going ahead the truck, he takes the offending truck on wrong side of the road, as a result of which he lost control over the steering of the truck and rear wheel of the said Truck dashed with the motor-cycle over which claimants were traveling and impugned accident took place and one of the pillion rider Rameshbhai Gandubhai died due accidental injuries and driver of the motor-cycle and other pillion rider sustained serious bodily injuries and also caused damage to the Bullet motor-cycle as mentioned in their respective claim petitions.

(3.) The claim petition came to be filed by the present appellants claiming compensation of Rs.8,00,000.00 from the respondents wherein the tribunal was considering oral as well as documentary evidence led by the parties and submissions made at the bar partly allowed the claim petition by awarding compensation as noted above.