SAMUBEN JAYANTIBHAI VARANIA KOLI Vs. SHANKERBHAI KANABHAI SURELA

JUDGEMENT

(1.) Feeling aggrieved by and dissatisfied with the judgment and award dated 02.09.2020 passed by learned Motor Accident Claims Tribunal (Aux), Bhuj, (hereinafter referred to as "the Tribunal" for short), in Motor Accident Claim Petition No.330/2005, 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. Hemal Shah, learned Advocate for the appellants - original Claimants and Ms. Ami Bhatt, learned counsel for respondent No.3. Respondent No.1 is reported as expired and though served, none appears for respondent No.2.

(3.) It is the case of the claimants that on 20.03.2005, while the deceased Jayantibhai Dhriubhai Varaniya was going in Tanker bearing No.GJ01-U-4688 as a cleaner from Morbi to Valia and at about 09:45 hours in night, when they reached near Vatariya village, at that time, driver of the tanker lost his control over the steering and turned turtle the tanker. 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.9,00,000/- from the opponents. After appreciating the evidence produced on record, the learned Tribunal awarded compensation of Rs.7,15,100/- along with cost and interest @ 9 % p.a.