HARESHBHAI BHUPATBHAI VALA Vs. ARJANBHAI DEVAYATBHAI CHARANIYA

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the judgment and award dtd. 12/5/2021 passed by learned Motor Accident Claims Tribunal (Auxi.), Una (hereinafter referred to as "the Tribunal" for short), in Motor Accident Claim Petition No.12 of 2016, filed under Sec. 163-A of the Motors Vehicles Act, the appellants - original opponents preferred present appeal under Sec. 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as "the Act" for short).

(2.) Heard Mr. J. D. Dave, learned Advocate for the appellants - original opponents and Mr. Hemal Shah, learned Advocate for respondents herein - original claimants.

(3.) It is the case of the original claimants that on 12/1/2013 at 07:00 hours on Kesariya - Diu road near Diamond Factory the deceased Jantibhai Arjanbhai Charaniya, was going on motorcycle bearing Reg. No.GJ-11-RR-7758 and reached at the accidental spot at that time driver of Tractor bearing Reg. No.GJ-11-AD-3231 was coming in full speed and in rash and negligent manner and dashed with the motorcycle. As such deceased sustained several injuries and succumbed to it. A complaint being I-C.R. no.11 of 2013 was registered with Una Police Station. Therefore, the original claimants being legal heirs of the deceased had filed MAC Petition seeking compensation under Sec. 163-A of the Act. After appreciating the evidence produced on record the learned Tribunal was pleased to partly allowed the claim petition.