SAMDARBEN RAJABHAI THAKOR Vs. RAJESHBHAI MANSANGBHAI THAKOR

JUDGEMENT

(1.) Heard learned advocate Mr.Hiren Modi appearing with learned advocate Mr.Karna Dhomse for the appellants and learned advocate Mr. Rahul Dholakia for the respondent no.3. Perused the available record.

(2.) It is unfortunate that by impugned judgment and award dated 01.07.2017 Motor Accident Claims Tribunal, Gandhidham at Kutch has dismissed the Motor Accident Claim Petition No.274 of 2007 preferred by present appellant under Section 163 A of the Motor Vehicles Act,1988 claiming Rs.4,79,700/- for accidental death of one Raysangbhai Rajabhai Thakor, aged about 26 years. The appellant nos. 1 and 2 are parents of the deceased - victim whereas appellants nos.3 to 7 are siblings of the deceased - victim.

(3.) It is unfortunate that though claim is under Section 163 A of M.V.Act and therefore, considering the settled legal position as well as statutory provisions of Section 163 A, claimant does not have to either plea or prove the negligence of offending vehicle, irrespective of their involvement in the accident. The Tribunal has dismissed the claim petition observing that claimants have failed to prove negligence of the vehicle driver. Therefore, by all means award needs to be quashed and modified so as to award just and reasonable compensation to the appellants - claimants.