MUKTABEN KARAMSHIBHAI BHUVA Vs. BHIKHABHAI DHIRUBHAI MAKAWANA

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the judgment and award dated 10.02.2021 passed by learned Motor Accident Claims Tribunal (Auxi.), Gondal (hereinafter referred to as "the Tribunal" for short), in Motor Accident Claim Petition No.06 of 2014, the appellants - original claimants preferred present appeal under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as "the Act" for short).

(2.) Heard Mr. N.A. Bhalodi, learned Advocate for the appellants - original Claimants and Mr. Y.K. Gadhia, learned Advocate for respondent - Insurance Company. The respondent no.2 duly served with the notice however remained absent. Perused the original record and proceedings.

(3.) It is the case of the appellants that on 23.01.2014, deceased Neetaben Chandubhai Bhuva (who shall hereinafter be referred to as "deceased"?) was travelling as pillion rider on the motorcycle bearing Reg. No.GJ-05-j-8513, driven by her husband deceased Chandubhai Karamshibhai Bhuva alongwith her children. When they reached near Mota Dadva Village, Gondal at that time the opponent no.1 driver of Truck bearing Reg. No.GJ-11-X-9315, came driving his truck from the opposite side at an excessive speed, in rash and negligent manner so as to endanger human life and ultimately dashed with the motorcycle and the accident occurred. As a result of which deceased and her husband sustained grievous injures and both succumbed to their injuries. A complaint was registered against the truck driver. Therefore, the appellants had filed MAC Petition seeking compensation. After appreciating the evidence produced on record the learned Tribunal was pleased to partly allowed the claim petition.