REVABEN RAMABHAI CHAUDHARY Vs. MAFABHAI BAJUBHAI THAKORE

JUDGEMENT

(1.) Being aggrieved and dissatisfied with the judgment and award passed in Motor Accident Claim Petition No.1728 of 2002 (Old MACP No.973 of 1995) dtd. 10/4/2006 by the learned Motor Accident Claim Tribunal, Patan the appellants preferred this appeal whereby the learned tribunal has awarded compensation of Rs.2,00,000.00 with interest @ 7.5% and cost to be held liable to the opponents.

(2.) The brief facts of the case are that on 1/5/1995 i.e. on the day of incident, the deceased Ramabhai Dhanabhai Chaudhary was traveling in tempo no.GJ-3-U-7147 and he was returning from village-Radhanpur and was going towards village- Sami. The respondent no.1 was driving his tempo in a rash and negligent manner. The respondent no.2 is the owner and respondent no.3 is the insurer of the said tempo. Further, according to the appellants when the above tempo reached near the scene of offence, one taxi no. GJ-1-V-1217 was coming from the opposite direction. Driver Gajendrasinh Shambhusing was driving his taxi in a rash and negligent manner. Respondent no.4 is the owner and respondent no.5 -National Insurance Company is the insurer of the said taxi. Due to tortuous act on the part of both the drivers of both the vehicles, both the vehicles dashed with each other. As a result thereof, the passengers traveling in the tempo sustained injuries, out of which the deceased Ramabhai Dhanabhai Chaudhary succumbed to the injuries.

(3.) Heard learned advocate appearing for the respective parties.