CHAUDHARY MANSAGBHAI SAMTABHAI Vs. THAKOR JESANGJI VIRSANGJI

JUDGEMENT

(1.) This First Appeal is filed by the appellants under Section 96 of the Motor Vehicle Act praying for modifying the judgment and order dated 16.02.2002 passed by the learned Motor Accident Claims Tribunal (Auxi.), Mehsana in Motor Accident Claim Petition No.345 of 1991, whereby the learned Commissioner directed the opponent Nos.1 to 3 to pay Rs. 1,08,000/ to the claimants with interest at the rate of 9% from the date of application.

(2.) The present appellants had filed the Claim Petition No.345 of 1991 to get compensation to the tune of Rs. 4,00,000/ on account of death of their son who expired in the accident which took place on 21.12.1990 at about 9:00 p.m. on Mehsana Ahmedabad road and near the end of Khali river. On 21.12.1990, when the son of the appellants and other persons were travelling in Jeep No.GTF 8517 and when the said Jeep reached at the end of bridge of Khali river, one Truck No.FRW 2355 came from the opposite side and dashed with the Jeep and due to the said accident, son of the appellants expired.

(3.) Heard Mr. Pravin Panchal, learned advocate for the appellants and Ms. Karuna Rahevar and Mr. G.C.Mazmudar, learned advocates for respondent Nos.3 and 5 respectively. Rule served to respondent Nos.1, 2 and 4, however, they did not appear.