ASHABHAI SHANKARBHAI THAKORE Vs. MOHANBHAI CHHEDALAL SHARMA

JUDGEMENT

(1.) THE original claimants have preferred this appeal to challenge the judgment and award of the Motor Accident Claims Tribunal [Aux.] Kheda at Nadiad, delivered in M.A.C. Petition No. 652 of 1981 dated 22/10/1982, whereby the petition is dismissed.

(2.) THE appellants filed claim petition for obtaining compensation of Rs.25,000/ - for the death of a minor girl aged about 8 years, named Kokila. It appears that on 23/3/1981 at about 9.00 a m she was playing near her house situated in village Vishnoli, near bus stand on Nadiad -Petlad road. According to the appellants, at that time Motorcycle bearing Registration No. GJU 948 driven by opponent no. 1 knocked her down. She, therefore, sustained very serious injuries. She was removed to Petlad Hospital where she expired. It was alleged by the appellants that because of the rash and negligent act of respondent no. 1, the accident occurred. They, therefore, preferred the aforesaid claim petition for obtaining compensation of Rs.25,000/ -.

(3.) IT is submitted by Mr. Prajapati, learned advocate for the appellants that the conclusion of the Tribunal is totally erroneous. According to him, there was cogent and reliable evidence to substantiate the case of the appellants regarding involvement of the vehicle in question and the negligent driving of respondent no. 1. He has further submitted that the appellants deserved to receive the full claim.