RACHNA MANAN KAPADIA Vs. RAHUL SATISHBHAI CHOKSI

JUDGEMENT

(1.) By way of present First Appeal under Sec. 173 of the Motor Vehicles Act, 1988 (for short "MV Act"), the appellants - original claimants have assailed the impugned judgment and award dtd. 31/3/2023 in Motor Accident Claim Petition No. 330 of 2016 passed by the learned Motor Accident Claims Tribunal (Aux.), at Surat (hereinafter referred to as "learned Tribunal"), whereby the learned Tribunal was pleased to partly allow the claim petition filed by the appellants - original claimants and by way of present appeal, claimants have sought enhancement of compensation.

(2.) The brief facts of the case of the appellants are that on 13/2/2016, the deceased, Mananbhai, along with his friend, was traveling as a passenger in a car bearing registration No. GJ-05-JK-5750, owned by Opponent No.2, insured with Opponent No.3 and driven by Opponent No.1. While passing through the accident spot, a Truck, driven negligently changed lanes and collided with the car, causing it to overturn. The deceased sustained severe injuries and ultimately died. The legal heirs and representatives of the deceased filed MACP No.330/2016 seeking compensation of Rs.1,00,00,000.00however, the learned Tribunal awarded compensation of Rs.50,24,600.00 and the original claimants have assailed the impugned judgment and award for enhancement of compensation however, the learned Tribunal did not consider future prospects of the deceased and as the offending vehicle was owned by Opponent No.2 and insured with Opponent No.3, Opponent Nos.1, 2, and 3 were held jointly and severally liable to pay the compensation to the original claimants.

(3.) Heard learned Advocate Ms. Disha N. Nanavaty for the appellants and learned Advocate Mr. Rathin P. Raval appearing for opponent No. 3 - the Insurance Company. Opponent Nos. 1 and 2, though duly served, have remained absent.