GIRVATSINH MADHAVSINH PADHIYAR Vs. PRATAPSINH NATHABHAI PARMAR (DELETED)

JUDGEMENT

(1.) Heard Mr. Hiren Modi, learned advocate for the appellants and Mr. Vibhuti Nanavati, learned advocate for respondent no.3. Though served, no one appears for respondent no.2.

(2.) Being aggrieved by the judgment and award dated 24.06.2015 passed by the Motor Accident Claims Tribunal (Aux), Vadodara in MACP No.1589/09, the appellantsclaimants have preferred this appeal under section 173 of the Motor Vehicles Act, 1988.

(3.) The record indicates that the mother of appellants no.3 and 4 Kailashben was feeding fodder to the buffalos tied on the kaccha road in front of their house. As per the record, on 06.11.2009, the tractor bearing registration No. GJ23B1103 came in full speed in rash and negligent manner and dashed with deceased Kailashben who was standing on the kaccha road and in fact the wheel of the tractor ran over her because of which Kailashben received serious and grievous injuries and succumbed to the same. It is the case of the appellants that Kailashben was the only earning member of the family and was aged 35 years.