MADHUBEN Vs. MAHMADRAFIK R. FAKIR

JUDGEMENT

(1.) Heard learned advocate Mr. Himanshu M. Padhya for the appellants and learned advocate Mr. Mitesh L. Rangras for the respondent No.2 - Insurance Company. Respondent No.1, driver - cum - owner of the vehicle in question has remained absent though duly served. Perused the record.

(2.) The appellants - original claimants of M.A.C.P. No.541 of 2001, which was renumbered as M.A.C.P. No.2235 of 2009 before the M.A.C.T. of Banaskantha have challenged the judgment and award dated 30.9.2016 whereby, the Tribunal has awarded an amount of Rs. 10,94,108/- with 9% interest as compensation for the death of Nagjibhai Kanjibhai Patel. When the Insurance Company has not challenged such judgment and award, it becomes clear that there is no dispute regarding nature of incident, its result, liability of the Insurance Company to indemnify owner by payment of compensation to the legal heirs of the victim of road accident. It is undisputed fact that on 9.10.2001, when victim as well as appellant No.1 were going on their motorcycle near Forest Nursery on Deesa-Patan road, the opponent No.1 had dashed his Jeep No.GJ-2K-1047 on backside of the motorcycle, which resulted into fatal injuries to Nagjibhai Kanjibhai Patel. For such accidental death, heirs and dependents of the deceased victim being widow and son have claimed Rs. 20 Lacs as compensation in claim petition before the Tribunal.

(3.) The factual details of the deceased victim can be summarised as under:- <FRM>JUDGEMENT_198_LAWS(GJH)8_2018_1.html</FRM>