DASHARIABHAI BHAILALBHAI RATHAWA Vs. ANWARBHAI FAKIR MOHMED PATHAN
LAWS(GJH)-2013-4-211
HIGH COURT OF GUJARAT
Decided on April 16,2013

Dashariabhai Bhailalbhai Rathawa Appellant
VERSUS
Anwarbhai Fakir Mohmed Pathan Respondents

JUDGEMENT

- (1.)THESE three First Appeals have been filed by the original claimants under Sec.173 of the Motor Vehicles Act, 1988 being aggrieved and dissatisfied with the common judgment and award dated 13-12-2006 passed by the Motor Accidents Claims Tribunal, Fast Track Court No.2, Vadodara, in MACP Nos.1361 of 1993 (filed by the parents of deceased minor Dinesh aged 5 years ), 1363 of 1993(filed by the injured claimant) and 1362 of 1993 (filed by the injured claimant).
(2.)FACTS in short are that MACP No.1361 of 1993 has been filed by the parents of deceased minor Dinesh aged 5 years claiming compensation for the death of the deceased while MACP Nos.1362 and 1363 of 1993 have been filed by the injured claimants claiming compensation for injuries suffered by them in a vehicular accident which occurred on 5-6-1993 at about 6.00 p.m.. It was inter alia contended that the deceased as well as the injured persons were all travelling as passengers in rickshaw No.GQB-2711 at about 5.30 p.m. from Refinery Township. It was further contended that when the said rickshaw was passing through F.B.Colony Naka at about 6.00 p.m., a tempo bearing registration No.GRQ-4327 owned by opponent No.2 and driven by opponent No.1 in a rash and negligent manner dashed with the rickshaw causing fatal injuries to the deceased and injuries to the other claimants.
Upon issuance of summons and after hearing the learned counsel appearing for the parties and considering the oral as well as documentary evidence on record, the impugned common judgment and award was passed by the Tribunal.

(3.)I have heard learned counsel for the appellants, Mr.D.N.Pandya, learned counsel, Mr.L.K.Bhaya for the respondent No.3-M/s National Insurance Company Ltd. and learned counsel, Mr.K.K.Nair for the respondent No.5-M/s Oriental Insurance Company Ltd. and have also taken into consideration the impugned judgment and award together with relevant oral as well as documentary evidence such as FIR, panchnama and other evidence.


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