JASHUJI Vs. ANANTKUMAR B PATEL

JUDGEMENT

(1.) Heard learned advocate Mr. Mehul Sharad Shah for the appellant and learned advocate Mr. P.H. Thakkar for respondent No.2. Perused the record.

(2.) The appellant herein is original claimant before M.A.C.T., Mehsana in M.A.C.P. No.496 of 2008; whereas, respondent No.1 is driver - cum - owner of vehicle involved in the accident being truck No.GJ-2X-3373 and respondent No.2 is insurer of such truck. The appellant - claimant has preferred a claim under Section 166 of Motor Vehicles Act, 1988 ('MV Act', for short) for accidental death of her husband, namely, Jashuji @ Jashwantbhai Kanuji Vihol and claimed an amount of Rs.3 Lacs towards compensation. The Tribunal has by impugned award, though awarded an amount of Rs.2,97,000/- as compensation, exonerated the Insurance Company to indemnify the owner by making such payment to the claimant. Therefore, being aggrieved by the quantum of compensation, so also not fixing the liability of Insurance Company to pay compensation, the claimant has preferred this First Appeal against the award dated 19.8.2014.

(3.) The claimant has contended in her petition that her deceased husband was serving as Conductor in the same truck No.GJ-2X-3373 and while he was in service on 22.9.2007, because of rash and negligent driving of respondent No.1, the truck had fallen in a road-side ditch because of which the victim has fallen down from the truck and received fatal injuries on his head. It is further contended that victim was aged about 28 years and was getting Rs.3,000/- as salary per month (+) daily allowances. It is also contended that after the accident, she had to spend Rs.10,000/- for the rituals of her deceased husband.