DAMINIBEN KIRANBHAI MEHTA Vs. DIRECTOR OF CAMPUS

JUDGEMENT

(1.) Feeling aggrieved by and dissatisfied with the impugned judgement and award passed by the learned Motor Accident Claims Tribunal (Main), Banaskantha at Palanpur (hereinafter referred to as "the learned tribunal" for convenience) in Motor Accident Claim Petition No. 634 of 2004, by which the learned tribunal has partly allowed the said claim petition and has awarded to the original claimants a total sum of Rs.14,50,440/ - after deducting 30% towards contributory negligence of the driver of the Maruti Zen Car ­ deceased, the original claimants have preferred present First Appeal requesting to enhance the amount of compensation. That the original claimants have also challenged the findings recorded by the learned tribunal holding the deceased driver of the Mariti Zen Car involved in the accident contributory negligent to the extent of 30%.

(2.) Facts leading to the present First Appeal in nutshell are as under :

(3.) Ms.Sandhya Natani, learned advocate has appeared on behalf of the original claimants. Mr.Maulik Shelat, learned advocate has appeared on behalf of the respondent No.2 ­ Insurance Company and Mr.D.G. Chauhan, learned advocate has appeared on behalf of the owner of the Bus ­ respondent No.1.