KAILASHBEN FATEHSINH PARMAR Vs. SOMABHAI HARMABHAI PARMAR

JUDGEMENT

(1.) THIS appeal under Sec.96 of the Code of Civil Procedure, 1908 has been filed by the appellants -original applicants being aggrieved and dissatisfied with the judgment and award dated 24th October, 1997 passed by the learned Motor Accident Claims Tribunal (Aux.), Vadodara, in Motor Accident Claims Petition No.1107 of 1991 whereby the Tribunal has awarded Rs.2,15,000/ - as compensation for death of the deceased Fatehsinh Somsinh Parmar along with proportionate costs and interest @ 12% p.a. from the date of the petition till its realisation.

(2.) SHORT facts of the case of the appellants are that the deceased Fatehsinh Somsinh Parmar, aged 38 years, residing in Village Ampad, Taluka and District Vadodara, who is the husband of appellant No.1 and father of appellant Nos.2 to 4, was doing the business of collecting the milk from his Village and selling the same in the city of Vadodara along with other work. On 15 -3 -1991, the deceased was going towards Vadodara City on his bicycle with a milk can. When he reached near Sevasi on Gotri Road, Vadodara, one motor truck No.GTK -2919 driven in a rash and negligent manner by its driver (opponent No.1) came from behind and the front portion of the said motor truck dashed with the back portion of the motor cycle causing serious injuries to the deceased. The deceased was taken to the hospital where he succumbed to the injuries. Hence, the claim petition has been filed by the heirs and legal representatives of the deceased. Against the claim of Rs.14,87,666/ -, the Tribunal has awarded Rs.2,15,000/ - as compensation. Hence, the present appeal has been filed claiming Rs.12,72,000/ - being remaining part of the claim amount which has not been awarded by the Tribunal.

(3.) WE have heard learned counsel for the appellants, Mr.Jitendra Malkan and learned counsel for the respondent No.3 -Insurance Company, Ms.Anushri for Ms.Megha Jani. As far as respondent Nos.1 and 2, who are driver and owner of the vehicle involved in the accident are concerned, though they have been duly served, they have chosen not to remain present either personally or through advocate.