RENUKABEN DWARKADAS PATEL MOTHER Vs. SHWETANG NARESHKUMAR PATEL

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the judgment and award dtd. 9/10/2023 passed by learned Motor Accident Claims Tribunal (Auxi.), Ahmedabad (which shall hereinafter be referred to as "the Tribunal" for short), in Motor Accident Claim Petition No.253 of 2019, 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 learned Advocate Mr. Tirth Nayak, for the appellants - original Claimants and learned Advocate Mr. T. B. Karia, for respondent - Insurance Company. The respondent nos.1 and 2 are duly served but remained absent. Perused the original record and proceedings.

(3.) It is the case of the appellants that on 12/5/2019, the deceased Chirag Dwarkadas Patel (who shall hereinafter be referred to as "deceased") was traveling in the car bearing Reg. No.GJ-01-RZ-1243, possessed and driven by the opponent no.1 and were going to Water Park, Mehsana from Ahmedabad. The opponent no.1 was driving the car in rash and negligent manner due to which the tyre of the car burst. As a result the deceased sustained severe injuries and succumbed during the treatment to his injuries on 14/5/2019. 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.