MEGHVILAL NARAYANLAL SHARMA Vs. ASUBA JASWANTSINH ZALA

JUDGEMENT

(1.) This appeal under Sec. 173 of the Motor Vehicles Act, 1988 (for short "MV Act") has been preferred by the appellant-original respondent No.1 - owner of Car bearing No.RJ-27-CD-4506 against the judgment and award dtd. 19/12/2019 passed by the learned Motor Accident Claims Tribunal (Main), Gandhinagar (for short referred to as "learned Tribunal") in Motor Accident Claim Petition No.209/2016 under Sec. 166 of the Motor Vehicles Act, 1988 (for short referred to as "MV Act") wherein the learned Tribunal has partly allowed the claim petition of respondent Nos.1, 2 and 3 and awarded compensation of Rs.4,74,844.00 with interest at the rate of 8% per annum from the date of the claim petition to be paid by present appellant - original respondent No.1.

(2.) Though served, respondent Nos.1, 2 and 3 have chosen not to appear before this Court. Heard learned advocate Mr. Nishit Bhalodi appearing for the appellant and learned advocate Mr. Rathin Raval appearing for respondent No.5.

(3.) The brief facts of the present appeal are that the accident took place on 21/10/2015, when the deceased Jasvantsinh Zala was sitting beside the driver seat of Tractor bearing No.GJ-18-H-2962 being driven by driver of the Tractor namely Pratapsinh and were going to village Lavarpur. At the time and place of accident, car bearing No.RJ-27-CD-4506 came from opposite direction being driven by its driver in a careless manner and while overtaking on going vehicle, the car dashed agains the tractor as a result of which deceased Jasvantsinh Zala (hereinafter referred to as "deceased") fell from the tractor and sustained fatal head injuries and died. In this regard, a complaint was lodged with Dabhoda Police Station. The legal heirs and representatives of deceased - original claimants filed the claim petition and after appreciating the evidence, the claim petition against original opponent Nos.2 and 3 was dismissed and appellant herein - original opponent No.1 was directed to pay the compensation of Rs.4,74,844.00 to the original claimants. Being aggrieved and dissatisfied with the impugned judgment and award, the present appellant - original owner of Car bearing No.RJ-27-CD-4506 has filed the present appeal.