GAJARABEN MANGALBHAI VASAVA Vs. RANABHAI RANMALBHAI AADODARA

JUDGEMENT

(1.) Aggrieved and dissatisfied by the judgment and award dtd. 21/2/2006 passed in M.A.C.P. No.938 of 1999 by the M.A.C.T. (Aux.), Vadodara, the appellants ' org. claimants have preferred this appeal under Sec. 173 of the MV Act whereby the tribunal partly allowed the claim petition holding the opponents jointly and severally liable and to pay a compensation of Rs.4,08,000.00 with interest at the rate of 7.5% p.m., to be recovered from the opponents.

(2.) The short facts of the case are that deceased was the husband of appellant no.1 and father of appellants no.2 and 3 and on 12/03/1999 at about 12:00 hours in the noon while he was going on his scooter near Kapurai Chokdi at that time the truck bearing Registration No.GJ-7X-9396 came from his behind in rash and negligent manner so it dashed with the scooter of the deceased and he was succumbed to the injuries. Since the deceased was serving in the Vinus Industries at the time of incident as Die Maker and Fitter earning monthly income of Rs.4,500.00the claim petition was filed seeking compensation of Rs.9,00,000.00.

(3.) The parties have appeared through their Advocates and contested the claim petition after the evidence led by the tribunal and at the full-fledged trial, the tribunal passed the order as stated in paragraph 1 of this order.