CHAMPABEN RAMANLAL PANCHAL Vs. RAMANLAL SHANKARLAL PANCHAL

JUDGEMENT

(1.) This First Appeal is filed by the appellants under Section 173 of the Motor Vehicle Act praying for modifying the judgment and order dated 19.7.2005 passed by the learned Motor Accident Claim Tribunal (Aux.) Sabarkantha at Himmatnagar in Motor Accident Claim Petition No.480 of 1995 and prayed to award further compensation and direct the respondent to deposit the amount with interest.

(2.) It is the case of the appellants that on 7.3.1995 in the evening at 19.15 from Himmatnagar to Tashiya Road, deceased Maheshbhai was going from Himmatnagar to Ghorwada as a pillion rider on scooter bearing registration No.GJ9A5303. At that time, the opponent No.1 was driving the said vehicle in rash and negligent manner and overtook camelcart simultaneously he lost control over his scooter and dashed with camelcart. Therefore Maheshbhai sustained grievous injuries due to the said accident occurred because of rash and negligent driving of the opponent No.1. It is say of the appellant that the accident took place due to negligence of opponent No.1 and opponent No.1 is solely responsible for the accident.

(3.) Heard Mr.R.K.Mansuri, learned advocate for the appellants and Mr.R.G.Dwivedi, learned advocate for the respondent No.2.