CHANDUBHAI SABURBHAI PARMAR Vs. PRADIPKUMAR SHAILESHBHAI PATEL

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the judgment and award dtd. 8/4/2025 passed by learned Motor Accident Claims Tribunal (Auxi.), Kheda at Kapadwanj (which shall hereinafter be referred to as "the Tribunal" for short), in Motor Accident Claim Petition No.61 of 2023, the appellants - original claimants have preferred the present appeal under Sec. 173 of the Motor Vehicles Act, 1988 (which shall hereinafter be referred to as "the Act" for short).

(2.) Heard Ms. P. H. Hotchandani, learned Advocate for the appellants - original Claimants and Mr. H. S. Munshaw, learned Advocate for respondent - ST Corporation. Perused the original record and proceedings.

(3.) It is the case of the appellants that on 31/5/2023, the son of applicant nos.1 and 2, namely Vishalkumar Chandubhai Parmar, (who shall hereinafter be referred to as "deceased") was riding his motorcycle bearing Reg. No.GJ-07-CQ-6307, which was being driven at slow speed by the rider of the motorcycle, when they reached Kapadwanj - Dakor road, the driver of ST Bus bearing Reg. No.GJ-18-Z-8249, which was owned by opponent no.2 came driving the bus on the wrong side of the road at high speed, in rash and negligent manner and collided with the motorcycle of the deceased from the front side. As a result of which the deceased sustained grievous injuries and died on the spot. A complaint was lodged being I-C.R.No.11204028230211 of 2023, with Kapadwanj Police Station. Therefore, the appellants have filed MAC Petition seeking compensation, wherein, the learned Tribunal after appreciating the evidence produced on record has partly allowed the claim petition.