KAMLESHKUMAR DHANSUKHBHAI RAVAL Vs. SUNDHIYA SUREKHABEN BABUBHAI

JUDGEMENT

(1.) The present First Appeal, under Sec. 173 of Motor Vehicles Act, 1988, is preferred by the appellant ' original claimant being aggrieved and dissatisfied with the judgment and award dtd. 23/5/2024 passed by the Motor Accident Claims Tribunal, Palanpur in Motor Accident Claim Petition No.156 of 2020.

(2.) Brief facts of the case are that on 11/4/2019 at about 1-30 hours to 2-00 hours deceased Babulal Sundhiya who was serving as a Conductor in the Luxury bus No.GJ-3- AZ-8102 and when he was on duty on the Luxury bus, he was unloading goods of the passengers from the luxury bus and at that time the driver of the said Luxury bus had all of a sudden started the said bus without blowing horn of also without giving any signal. Hence, deceased Babubhai Sundhiya fell down from the bus on the road and had suffered serious fatal injuries and succumbed to it on the spot. The offence was registered before the concerned Police Station having jurisdiction. Therefore, the legal heirs of the deceased has filed aforestated claim petition u/ s 166 of the MV Act claiming Rs.6.00 lakh. The learned Tribunal has passed the impugned judgment and award as stated herein above.

(3.) Heard learned advocate Mr. Amit Patel for the appellant and learned advocate Mr. Kash Thakkar for the respondent Nos.1 to 5. Though served, none remained present for respondent No.6 ' IFFCO TOKIO General Insurance Co. Ltd.