MAHESHJI BALDEVJI Vs. MAHESHBHAI CHANDULAL MEHTA
LAWS(GJH)-2022-7-1660
HIGH COURT OF GUJARAT
Decided on July 15,2022

Maheshji Baldevji Appellant
VERSUS
Maheshbhai Chandulal Mehta Respondents


Referred Judgements :-

RAJENDRA SINGH VS. NATIONAL INSURANCE COMPANY LTD . [REFERRED TO]
NATIONAL INSURANCE COMPANY LIMITED VS. PRANAY SETHI [REFERRED TO]


JUDGEMENT

- (1.)The original claimants as appellants not being satisfied with the quantum of compensation awarded by the Motor Accident Claims Tribunal (F.T.C. No.9) at Mahesana in Motor Accident Claim Petition No.295 of 2006 under its judgment and award dtd. 3/4/2007, has filed this Appeal under Sec. 173 of the Motor Vehicles Act, 1988 ("the Act" for short). Vide judgment and award dtd. 3/4/2007, the claim petition filed by the appellants came to be allowed in part and compensation of Rs.1,33,000.00.00 has been awarded with an interest @ 9% per annum from the date of claim petition till its realization.
(2.)The facts in brief are;
2.1 The appellants herein are parents of deceased Mahesh Baldevji Thakor. When the appellants with their two children namely Mahesh and Mukesh were crossing the road on 21/3/2006, while going to village Sankhpurda, at that time, one Maruti Car No.GJ-02-R-8064 came with full speed, in rash and negligent manner and dashed with Mahesh, because of which, he died on the same day during treatment. For the said accident, the appellants as original claimants filed claim petition under Sec. 166 of the Act seeking compensation of Rs.5,00,000.00 with cost and interest.

2.2 It was case of appellants in the claim petition that the deceased Mahesh was 12 years of age and studying in 4 th Standard having bright future in front of him. The accident occurred on account of sole negligence on part of the driver of the offending vehicle (Maruti Car) and because of untimely death, the appellants are entitled for the compensation as claimed.

2.3 The Tribunal, after hearing the parties and appreciating the evidence on record, held that the accident occurred on account of sole negligence on part of the driver of Maruti Car. In relation to compensation, the Tribunal awarded total compensation of Rs.1,33,000.00.00 as noticed herein-above with the interest @ 9% from the date of claim petition till its realization with proportionate cost and interest.

(3.)Heard learned advocate Mr.A.V. Prajapati for the appellants and learned advocate Mr. Dakshesh Mehta for respondent No.2-Insurance Company. As liability has not been denied, presence of respondent No.1 (driver of Maruti Car) is not required. Record and Proceedings of the Tribunal have been secured.


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