MIRABEN Vs. PRABHATBHAI KHATUBHAI LUHAR

JUDGEMENT

(1.) Being aggrieved and dissatisfied by the judgment and award dated 21.12.2017 passed by the Motor Accident Claims Tribunal (Aux), Panchmahal at Godhra, the appellants original claimants have preferred this appeal under section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as the "Act").

(2.) The facts which can be culled out from the record of the appeal are that on 18.04.2013, the deceased Narvatbhai Ghemabhai Baria and one Dilipbhai Chhitabhai Baria were going to village Ricchwani for their work on motorcycle bearing registration No. GJ20E6064 and while returning to their village on the said motorcycle, the deceased was driving the motorcycle and Dilipbhai was sitting as a pillion rider. On passing through the place of the accident at about 19.00 PM, the respondent no.1 who was driving tractor bearing registration No. GJ17D8304 and trailer No. GJ17Y4272 came from the opposite side in a rash and negligent manner with excessive and uncontrollable speed and lost control over his tractor trolley due to the excessive speed and came on extreme wrong side and dashed with the deceased's motorcycle due to which the deceased and Dilipbhai were thrown off on the road from the motorcycle. Deceased sustained serious and grievous injuries on head and succumbed to his injuries before rendering any medical aid. FIR came to be registered with Godhra Taluka Police Station being ICR No. 83/13 and the present claim petition was filed by the appellants original claimants under section 166 of the Act and claimed compensation of Rs. 18,55,000/.

(3.) The original claimants have filed affidavit at exhibit 27 and the claimants also relied upon complaint at exhibit 27, panchnama of scene of occurrence at exhibit 28, PM Note of deceased Narvatbhai at exhibit 29, R.C. Book of the tractor at exhibit 30, R.C. Book of the trailer at exhibit 31, copy of the chargesheet against opponent no.1 at exhibit 32, Insurance policy of the tractor and trailer at exhibit 36 and driving license of opponent no.1 at exhibit 37. The learned Tribunal allowed the claim petition partly and awarded a sum of Rs. 7,31,500/along with 9% interest and proportionate costs from the date of the filing of the claim petition till its realisation. Being aggrieved by the same, the present appeal is filed by the original claimants for enhancement of the said award.