ARVINDBHAI SOMABHAI ROHIT Vs. KANABHAI HIRABHAI PAGI

JUDGEMENT

(1.) Feeling aggrieved by and dissatisfied with the judgment and award dated 13.09.2023 passed by learned Motor Accident Claims Tribunal (Aux.), Vadodara, (hereinafter referred to as "the Tribunal" for short), in Motor Accident Claim Petition No.684/2018, 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. Mohsin Hakim learned Advocate for the appellants - original Claimants and Mr. H.G. Mazmudar, learned counsel for respondent No.3. Though served, none appears for rest of the respondents.

(3.) It is the case of the claimants that on 09.10.2018, while the deceased Gaurangkumar Arvindbhai Rohit was going on Motorcycle towards his company for attending his duty in night shift and when he reached near the place of accident, at that time, one Luxury Bus bearing No.GJ-06-AX-7699 came in full speed and in rash and negligent manner and dashed the motorcycle from behind. As a result, the deceased got serious injuries and succumbed to it during treatment in the hospital. Therefore, the claim petition was filed by the legal heir of the deceased to get compensation of Rs.21,00,000/- from the opponents. After appreciating the evidence produced on record, the learned Tribunal awarded compensation of Rs.15,89,000/- along with cost and interest @ 9 % p.a.