RITABEN JASHUBHAI CHAUHAN Vs. SOMABHAI DHULABHAI MALIVAL

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the judgment and award dtd. 24/7/2024 passed by learned Motor Accident Claims Tribunal (Auxi.), Kheda at Nadiad (which shall hereinafter be referred to as "the Tribunal" for short), in Motor Accident Claim Petition No.1180 of 2021, 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 Mr. N. A. Bhalodi, learned Advocate for the appellants - original Claimants and Ms. M. V. Nanavaty, learned Advocate for respondent - Insurance Company. Perused the original record and proceedings.

(3.) It is the case of the appellants that on 19/11/2021, the deceased Jashubhai Laljibhai Chauhan (who shall hereinafter be referred to as "deceased") was returning to his home and he was walking on foot at the corner of Juna Rohitvas from Balasinor Bus Stand to Rajpura Darwaja Road, at that point of time, the opponent no.1 driver of Tanker bearing Reg. No.GJ-18-AX-5121, ownership of opponent no.2 came in very rash and negligent manner and dashed with the deceased from behind and resultantly the deceased sustained injuries and succumbed on the spot. Therefore, the appellants had filed MAC Petition seeking compensation, wherein, the learned Tribunal after appreciating the evidence produced on record has partly allowed the claim petition.