BIBIBEN AMIRBHAI TIMBALIA Vs. RAJESHKUMAR BABULAL MODI

JUDGEMENT

(1.) This First Appeal is filed by the appellants under Sec. 173 of the Motor Vehicle Act praying for modifying the judgement and order dated 31.12.2007 passed by the learned Motor Accident Claim Tribunal (Aux), Fast Track Court No.3, Kheda at Nadiad in Motor Accident Claim Petition No.215 of 1993, whereby the learned Tribunal has awarded Rs. 1,72,000/along with interest mentioned therein.

(2.) It is the case of the appellants that on the deceased Amirbhai Ishabhai viz. guardian of the claimants was driver and Harunbhai Alarakhabhai was a cleaner on the Tanker No. GRU 3946. On 19.09.1992, they were travelling towards Ahmedabad from Vadodara after filing Petrochemicals products from Refinery at Vadodara. When they reached at the place of accident at about 13:45 hours on National Highway No.8 near Bhumel Cross Roads, the driver of opponent No.1 was coming by driving a Tempo No.GJ 16T 6045 in high speed, rashly and negligently and thereby came came from wrong side and dashed his tempo with the said tanker. Therefore, the alleged accident took place, wherein, both the vehicles burst in fire, in which the deceased Amirbhai Ishabhai died on the spot in the said fire, whereas cleaner Harunbhai was seriously injured.

(3.) Heard Mr.Kirtidev R. Dave, learned advocate for the appellants and Mr. K.M. Sheth, learned advocate for the respondent No.1, Mr. Vasant Shah, learned advocate for respondent No.2 and Mr. V.C. Thomas, learned advocate for respondent No. Rule issued by this Court is duly served upon the respondent No.3, however, he did not remain present.