KRISHNAPALSINH S VIJAYSINH Vs. JYOTSANABEN JASHVANTRAI

JUDGEMENT

(1.) CHALLENGE in the instant First Appeal filed under Section 173 of the Motor Vehicles Act, 1988 ("the Act" for short) is to the correctness of the judgment and award dated 10.10.1996 rendered in MACP No. 21 of 1996 by the MACT (Main), Bhavnagar, by which the claim petition filed under Section 166 of the Act, by the Respondent Nos. 1 to 5 / Claimants, against the Appellants, the Owner and the Insurer as well as Respondent No.6, to recover the compensation of Rs.12,25,000/ - on account of untimely demise of Jasvantrai Bhatt, who died in a vehicular accident which took place on 2.12.1995 at 3:30 pm, Near Rajeshri Cinema, Sector 21, Gandhinagar, came to be partly allowed and thereby the claimants were awarded total compensation of Rs.6,78,000/ - together with interest @12% from the date of application till realization and proportionate cost and accordingly the Appellants, the Owner and the Insurer as well as Respondent No.6 were jointly and severally directed to pay the awarded amount to the claimants.

(2.) THIS Appeal has been admitted by a Division Bench of this Court by order dated 31.3.1998.

(3.) TODAY this matter is listed for final hearing.