ASHABA PRAVINSINH RATHOD Vs. JOGRAJIYA DEVRAJBHAI MEGANBHAI

JUDGEMENT

(1.) This appeal has been preferred by the appellant against the judgment and award dated 21.04.2023 passed by the Motor Accident Claims Tribunal (Main.) Surendranagar in Motor Accident Claim Petition being MACP No.29 of 2016.

(2.) Heard learned advocates for the respective parties.

(3.) The brief facts of the claim petition are that on 28.06.2015, the deceased, Pravinsinh Bavalbhai Rathod, was travelling as a pillion rider on Motorcycle No. GJ-13-DD-4470, which was being driven by opponent No.1 in a rash and negligent manner and at an excessive speed. At about 7:00 p.m., near the dispensary of Dr. Satapara at Thangadh, opponent No.1 suddenly applied brakes, as a result of which the deceased fell from the motorcycle, sustained grievous injuries, and succumbed thereto. The applicants contend that the accident occurred solely due to the rash and negligent driving of opponent No.1. They further claim that, due to the untimely death of the deceased, they have suffered severe financial loss on account of dependency, incurred funeral expenses, and sustained loss of estate and loss of expectation of life. Accordingly, the applicants have claimed compensation of Rs.45,00,000/- from all the opponents jointly and severally.