NATIONAL INSURANCE CO LTD Vs. GEETABEN SURESHBHAI CHAUHAN

JUDGEMENT

(1.) Heard learned advocate Mr. Sunil B. Parikh for the appellant and learned advocate Mr. M. I. Mansuri for the respondent Nos. 1, 2 and 3 whereas learned advocate Mr. N. D. Buch for respondent No.7.

(2.) Perused the record. Appellant is original opponent No.3 in Motor Accident Claims Petition No.382 of 2003 before the Motor Accident Claims Tribunal, Ahmedabad district at Ahmedabad. Such claim petition was preferred by present respondent Nos. 1 to 5, claiming compensation of Rs. 4,00,000/- for accidental death of one Sureshbhai D. Chauhan for the vehicular accident on 23.03.2003. On such fateful day, when driver of motor vehicle No. GJ 1 W 8451 was driving his vehicle rashly and negligently by disobeying rules for plying such goods vehicle and also the traffic rules, so as to endanger the life of human being on public road near Tajpur patia on Changodar road, the vehicle was turned turtle on road and, thereby, oxygen cylinder being transported in such vehicle were got swerved from the vehicle and hit with the victim, who was doing his road side business of selling clothes. In such incident, victim has received serious and grave injuries, which resulted into his death on the spot, whereas his minor daughter namely Aratiben who was sitting with him was also injured. Therefore, respondent Nos. 1 to 5 being legal heirs and dependent of the deceased, being widow, two minor children and parents have preferred such claim petition.

(3.) After allowing both the sides to adduce evidence, the tribunal has awarded Rs. 3,95,000/- to legal heirs of the deceased victim for death claim, whereas Rs. 5000/- was awarded to minor Arati for injuries received by her. However, insurance company has restricted the appeal against Motor Accident Claim Petition No.382 of 2003 by legal heirs of the deceased victim against fatal claim.