D. H. SHUKLA, M. K. SHAH, J.

( 1 ) THE appellants who are the original claimants filed claim petition No. 95 of 1974 before the Motor Accident Claims Tribunal of Kaira at Nadiad claiming compensation in respect of the death of their son Balabhai arising out of an accident which occurred in the early hours of 15th May 1974 near Andharia Chakla in village Napad. The claimants alleged that these were the days when there was railway strike and the Government bad permitted goods carrying vehicles to carry passengers therein. Claimant No. 1 who is the father of the deceased and other had been returning from a marriage party to Kaira travelling in a trailor attached to tractor No. GJS 3972 belonging to opponent No. 1 Patel Shivabhai Kashibhai and it was driven by his driver opponent No. 2 patel Kantibhai Somabhai and was insured with opponent No. 3 insurance company. It was the case of the claimants that on account of a rash and negligent act of driving on the part of the driver of the said tractor the trailor attached thereto turned turtle and the deceased and other persons sustained injuries. The deceased was removed to the Civil Hospital at Kaira. The doctor in charge pronounced him dea

Click Here to Read the rest of this document