HULASBA GAMBHIRSINH JADEJA Vs. LAXMI TRADING COMPANY

JUDGEMENT

(1.) Heard learned advocate Mr.Jigar Gadhavi for the appellants and learned advocate Mr.K.V. Gadhia for respondent No.2 insurance company. Notice to respondent No.1 was dispensed with as per order dated 15.10.2018 passed by the Court.

(2.) The present appeal is filed by the original claimants which is directed against judgment and award dated 20th January, 2015 passed by the Motor Accident Claims Tribunal (Aux.), Court No.14, Ahmedabad City in Motor Accident Claims Petition No.71 of 2006, whereby the claims tribunal awarded to the claimants the total compensation of Rs.04,01,600/- with interest at the rate of 9% from the date of application till realisation.

(3.) One Gambhirsinh Bhikhubhai Jadeja who died in the vehicular accident, was the husband of appellant No.1 and father of appellant No.2 - the two heirs being claimants. The vehicular accident occurred on 31st December, 2005 when said Gambhirsinh was going on his Kinetic Scooter bearing No.GJ-1-CE-8932 at around 09.30 in the morning. He was on the road opposite Gita Co-operative Society located on the Anand-Viramgam Road. At that time, Honda Bike bearing No.GJ-1-DJ-7035 came with uncontrollable speed and rashly to hit the Kinetic from behind. The Kinetic rider Gambhirsinh was thrown off the scooter, suffered serious injuries, to succumb to them later. First Information Report was lodged. Monetary compensation was claimed by filing the claim petition under the Motor Vehicles Act, 1988.