DAKSHABEN MAGANBHAI JETHVA Vs. OM PRAKASH NIRMAL YADAV

JUDGEMENT

(1.) Feeling aggrieved by and dissatisfied with the judgment and award dtd. 9/9/2020 passed by learned Motor Accident Claims Tribunal (Aux), Bhuj, (hereinafter referred to as "the Tribunal" for short), in Motor Accident Claim Petition No.222/2003, the appellants -original claimants preferred present appeal under Sec. 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as "the Act" for short).

(2.) Heard Mr. Hemal Shah, learned Advocate for the appellants - original Claimants. Though served, none appears for the respondents.

(3.) It is the case of the claimants that on 24/6/2002, the deceased along with other persons were going to Gandhinagar in Maruti Car bearing No.GJ-12-P-1203 which was driving by Vinod Manilal Veghad on the left side of the road and when they reached near Nani Chirai village, at that time, one Truck bearing No.MH-04-AL-5393 came from opposite direction in rash and negligent manner and dashed with the Maruti car of the deceased. As a result, the deceased got serious injuries and succumbed to it. Therefore, the claim petition was filed by the legal heirs of the deceased to get compensation of Rs.70,00,000.00 from the opponents. After appreciating the evidence produced on record, the learned Tribunal awarded compensation of Rs.10,68,200.00 along with cost and interest @ 9 % p.a.