ANSUYABEN DAYARAM RAJDE Vs. MADHUBEN HARISHBHAI HARANI

JUDGEMENT

(1.) THESE appeals arise out of a common award made by the learned Motor Accident Claims Tribunal (Aux-I), (for short, "the Tribunal") Kachchh at Bhuj in Motor Accident Claims Petition No. 791 of 1996 and 90 of 1997. It is pertinent to note that these two claim petitions are arising out of one and the same motor vehicular accident occurred on 23. 9. 1996 and therefore, both the petitions were consolidated and by order dated 16. 4. 2003 they were disposed of by the Tribunal as aforesaid.

(2.) THE present appeals are preferred by the appellants-original owner of the vehicle in question, appellant No. 1 and New India Assurance Company appellant No. 2, against the judgment and award passed in MACP No. 791/96 and MACP No. 90 of 1997 by the Tribunal. The brief facts of the case are as under:

(3.) ON 23. 9. 1996, deceased Sureshbhai Shantilal Pandya was going from Bhachau to Anjar on Scooter No. GJ-12-E-709. Deceased Hiranibhai was pillion rider. Around 16. 00 hours, when they have reached near Varsana Petrol pump near 't' junction of Anjar Road on Ahmedabad-Kandala National High Way No. 8-A, one tanker No. GJ-12-T-7763 was coming from the opposite direction and collided with the scooter of the deceased on account of rash, reckless and negligent driving and thus the accident took place. The scooter was dragged upto 50 feet and deceased Suresh Pandya had sustained serious injuries and died on the spot. The pillion reader Hiranibhai was thrown out from the scooter and had also sustained serious injuries. Hiranibhai was admitted in the G. K. General Hospital and during the treatment he also died on 24. 09. 1996.