LALJIBHAI DHANABHAI PARMAR Vs. JOSEPHBHAI SIMON PARMAR

JUDGEMENT

(1.) Feeling aggrieved by and dissatisfied with the judgment and award dtd. 25/11/2024 passed by learned Motor Accident Claims Tribunal (Main), Kheda at Nadiad, (hereinafter referred to as "the Tribunal" for short), in Motor Accident Claim Petition No.229/2023, the appellant -original claimant preferred present appeal under Sec. 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as "the Act" for short).

(2.) Heard Mr. Nishit Bhalodi, learned Advocate for the appellants - original Claimants and Mr. Tanmay B. Karia, learned counsel for respondent No.2. Respondent No.1 is reported as expired.

(3.) It is the case of the claimants that on 7/12/2022, while the deceased Vimlaben Dhanabhai Parmar was returning from the field by walking and when she reached near Ambika Pipe, National Highway, at that time, one vehicle bearing GJ-23-CB-5294 came with excessive speed and in rash and negligent manner dashed with the deceased from behind. As a result, the deceased got serious injuries and succumbed to it. Therefore, the claim petition was filed by the legal heir of the deceased to get compensation of Rs.25,00,000.00from the opponents. After appreciating the evidence produced on record, the learned Tribunal awarded compensation of Rs.7,96,500.00along with cost and interest @ 7.5 % p.a.