VILASBEN JITENDRAKUMAR SHAH Vs. DURGA TOURS AND TRAVELS

JUDGEMENT

(1.) THIS Appeal preferred under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as, "the Act") arises from the judgment and award dated 10th December, 1998 passed by the Motor Accident Claims Tribunal, Ahmedabad (hereinafter referred to as, "the Tribunal") in Motor Accident Claim Petition No. 21/1994. The appellants are the claimants.

(2.) ON 27th December, 1993 at around 8:45 in the morning one Jitendrakumar Shah, while riding the scooter bearing registration No. GJ-1-C-9845, met with an accident with a matador bearing registration No. GJ-15-5119. He was ran over by the offending matador and died instantaneously. The appellants, the widow and three minor daughters of the deceased filed the above referred Claim Petition No. 21/1994 for a compensation in the sum of Rs. 30 lakhs. According to the claimants the accident in question occurred on account of the rash and negligent driving by the driver of the matador one Somsinh H. Bhatiya. The matador belonged to the respondent no. 2 and was insured by the respondent no. 3. The deceased was 41 years of age, was employed by one C. A. Galiakotwala and Co. Ltd. as a Sales Representative. He was also a partner in the business firm M/s. Dipti Traders. His monthly income was around Rs. 12,000=00 to 13,000=00.

(3.) THE claim was contested by the Insurance Company by its written statements Exh. 24 and 33.