J.N.Bhatt, J. - (1.) Admit. Learned advocate Mr. B.S. Patel appears for the respondents-original claimants. Upon joint request and considering the facts and circumstances, the matter is taken up for final hearing.
(2.) In this appeal under Sec. 173 of the Motor Vehicles Act, 1988, the appellant original opponent No. 3 Insurance Company has questioned the legality and validity of the judgment and award dated 31.8.1996 recorded by the MACT (Auxiliary) Nadiad in MACP No. 1458 of 1988.
(3.) Deceased Budhabhai aged about 21 was proceeding on Luna on 6.8.1988. When he reached near the place of the accident, one tanker bearing No.GTG 2445 came with excessive speed on wrong side and knocked down the deceased and the pillion rider, as a result of which, the deceased sustained serious injuries and he succumbed to the same. The deceased was earning Rs. 1,200/- per month. Over and above this, he was doing agriculture labour work and also work of milk selling. The original claimants are the heirs of the deceased who claimed an amount of Rs. 5,00,000/- by way of compensation for premature and accidental death of the bread-winner of the family.;