PREMILABEN GIRIRAJSINH GOHIL Vs. FAKARUDDIN ISMAILBHAI VORA

JUDGEMENT

(1.) Heard learned advocate Mr. Kanubhai I. Patel for the appellants, learned advocate Mr.M.A.Saiyad for the respondent no.1 and learned advocate Ms.Lilu K. Bhaya for the respondent no.4. Perused the record.

(2.) Appellants herein are original claimants being widow and minors of injured claimant who died during the pendency of the claim petition. Injured claimant has preferred M.A.C.P. No.530 of 1997 before Motor Accident Claims Tribunal (Auxi.) Fast Track Court No.2, Bhavnagar claiming compensation of Rs. 5,00,000/- for injury sustained by him in a vehicular accident. Since, insurance company has not challenged the award, there is no dispute regarding nature of incident, its results etc. and therefore, those facts are not required to be reproduced. However, when Tribunal has considered injured - victim is one of the tort-feasors and his contribution to incident is decided as 30%, the claimants have challenged the award on both the grounds i.e. quantum of compensation and negligent.

(3.) Therefore, we have to verify the factual details for both the issues.