MAULIKABEN SURESHBHAI PATEL Vs. NATVARJI MAFAJI THAKOR

JUDGEMENT

(1.) The appellants - original claimants have filed this appeal under section 173 of the Motor Vehicles Act, 1988 (for short "the Act") challenging the judgment and award dated 9.8.2007 passed by the Motor Accident Claims Tribunal, Fast Track Court No.4 at Mehsana (for short "the Tribunal") in MAC Petition No.790 of 2005 whereby the claimants have filed the claim petition for compensation of Rs.3,00,000/- for death of their minor daughter aged four years in an accident which took place on 14.10.2005.

(2.) The factual matrix of the matter is that on 14.10.2005 at about 6 :00 hours in the evening when the claimants along with their minor daughter Maulika and son Dhruvil were passing on a motor-cycle bearing registration No.GJ-2E-0004 from Gozariya to Umanagar at that point of time, a jeep bearing registration No.GJ-2A-4425 dashed with the motorcycle with excessive speed due to rash and negligent driving of the driver of the jeep. On account of the accident, the minor daughter of claimants Maulika succumbed to the injuries. A police complaint was filed at Exhibit-17 and panchnama was drawn at Exhibit-20.

(3.) On notice being issued to the opponents, no written statement was filed on behalf of the original opponent Nos.1 and 2being the driver and owner of the jeep, opponent No.3 insurance company filed the written statement at Exhibit-27 denying the averments made in the claim petition. It was contended that the owner and driver of the motorcycle was also responsible for the accident.