JASHIBEN CHANDUBHAI SOLANKI Vs. GOPALBHAI JIVABHAI KALIYA

JUDGEMENT

(1.) The captioned appeal is filed against the impugned judgment and award dtd. 30/12/2013 passed by the learned Motor Accident Claims Tribunal (Auxiliary), Kheda at Nadiad in MACP No.897/2012, whereby the learned Tribunal has partly allowed the claim petition and awarded a sum of Rs.7,73,000.00 as a compensation along with interest at the rate of 9% per annum from the date of filing of claim petition till its realization.

(2.) The succinct facts leading to file the present appeal are that on 19/6/2012 at about 5:00 in the evening, deceased Chandubhai Solanki was going by driving his auto rickshaw bearing registration No.GJ.7.VW.5410 and when he reached near the place of accident at Kheda-Dholka Highway, near Rampur Patiya, in the meantime, the tanker bearing registration No.GJ.13.V.6289 came in full speed, in rash and negligent manner and hit the rickshaw from the behind. At the time of accident, the said tanker was being driven by respondent no.1 herein. In the said accident, Chandubhai Solanki sustained serious injuries and subsequently, succumbed to the injuries. It is also the case of the original claimants/appellants herein that at the time of accident, the deceased was earning Rs.1,00,000.00 from doing the farming work, animal husbandry and renting his rickshaw. It is also the case of the appellants/claimants that at the time of accident, the deceased was aged about 39 years, therefore, they claim the compensation of Rs.15,00,000.00 under Sec. 166 of the MV Act.

(3.) Having been served with the notices of the claim petition, the respondent no.3/insurance company had filed the written statement at Exh.21 wherein, the factum of accident, compensation, liability and age of the deceased etc. were denied and prayed for dismissal of the claim petition.