KANGAR SHAMGAR GOSAI Vs. BHAJANLAL PRABHUDAYAL CHHABRA

JUDGEMENT

(1.) First Appeal No.4930 of 2006 is filed by the claimant for enhancement of compensation amount.

(2.) The appeals are directed against the judgment dtd. 15/5/2006 passed by Motor Accident Claims Tribunal (Aux.), Jamnagar in MACP No.880 of 1997.

(3.) The facts of the case, as was noted by the Tribunal suggests that deceased - Kangar Shamgar Gosai was Truck driver of Truck No.GJ-10- T-0357, on 12/12/1996 he along with his cleaner Kantibhai Harjibhai Patel. They in the truck loaded with bricks, were going from Khambhaliya to Biyavar. When they reached near village Amirgadh Palanpur at about 8.30 p.m., Truck No.RNC-6411 came from Abu Road. It was alleged that the driver of Truck No.RNC-6411 was driving the vehicle in rash and negligent manner and collided with Truck of the deceased. As a result the driver of Truck No. GJ-10-T-0357 died. The FIR was lodged by the cleaner against the driver of Truck No.RNC-6411.