VITTHALBHAI KARAMSHIBHAI PIPALIYA Vs. RAJESHBHAI A AGRAVAL

JUDGEMENT

(1.) All these three first appeals have been raised against the common judgment decided in MACP No.22 of 2017, MACP No.23 of 2017 and MACP No.24 of 2017 dtd. 30/11/2018 by the Motor Accident Claims Tribunal (Auxiliary), Bhavnagar at Mahuva.

(2.) A challenge is given by the heirs of the deceased as the claimants to the claim petitions.

(3.) The facts of the accident as noted by the Tribunal suggest that on 04/02/2017, at about 12:00 noon, all the deceased were travelling in Car bearing registration no.GJ- 5JD-9047 and were going to Gidardi from Surat. The car was driven by deceased Bhadreshbhai Vitthalbhai who is connected with the matter of MACP No.23 of 2017. It was stated by the claimants that he was on the correct side of the road and when they reached the place of accident between Rohisa and Longadi, opponent no.1 driving tanker bearing registration no.GJ-12-AU-9974 in rash and negligent manner, in full speed came on the wrong side of the road and dashed the car. As a result of the accident, all died during the treatment. The complaint was registered at Bagdana Police Station as I-CR No.4 of 2017.