GOPALBHAI VISABHAI THAKOR Vs. MAHAVIR GURJAR

JUDGEMENT

(1.) Feeling aggrieved by and dissatisfied with the judgment and award dated 06.12.2023 passed by learned Motor Accident Claims Tribunal (Main), Patan, (hereinafter referred to as "the Tribunal" for short), in Motor Accident Claim Petition No.23/2022, the appellants -original claimants preferred present appeal under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as "the Act" for short).

(2.) Heard Mr. Kaash K. Thakkar, learned Advocate for the appellants - original Claimants and Ms. Dimple A. Thaker, learned counsel for respondent No.2. Though served, none appears for respondent Nos.1 and 3.

(3.) It is the case of the claimants that on 01.01.2022, while the deceased Maulik was going as pillion rider on the Motorcycle bearing No.GJ-24-Q-9833 from Varahi to Kandla Highway road, at that time, one Truck Trailor bearing No.RJ-01-GC-4765 came with full speed and in rash and negligent manner dashed the motorcycle of the deceased from behind. As a result, the deceased got serious injuries and succumbed to it. Therefore, the claim petition was filed by the legal heir of the deceased to get compensation of Rs.20,00,000/- from the opponents. After appreciating the evidence produced on record, the learned Tribunal awarded compensation of Rs.9,37,200/- along with cost and interest @ 9% p.a.