LATUBHAI PUNABHAI RATHWA Vs. ASHOKBHAI R RATHWA

JUDGEMENT

(1.) THESE appeals are directed against the common judgement and awards dated 05.09.2005 passed by learned Motor Accident Claims Tribunal (Auxi), Vadodara in Motor Accident Claim Petitions No.681, 682, 683 and 675 of 2002 whereby the said claim petitions were dismissed with costs of Rs.3000/ and directed the claimants to return the No Fault Liability amount within one month from the date of the said order.

(2.) ALL the above claim petitions arose out of one common incident. On 27.02.2002, Bhuriben, Kamleshbhai Ushaben, and Rasilaben were travelling in Jeep No.GJ6/JJ5448 from Tejgadh to village Kadwal. When the said jeep reached near the sim of village Devaliya on Dabhoi Vadodara road, the jeep dashed with one truck. In the accident the aforesaid persons sustained serious injuries and succumbed to the same. Hence the legal heirs filed the aforesaid claim petitions wherein the aforesaid award came to be passed.

(3.) LEARNED advocate for the respondent supported the judgement and award of the learned Tribunal. She has relied upon para 26 and 27 of the judgement of the Tribunal and submitted that the appeals deserve to the dismissed.