JUDGMENT :

1. Being aggrieved and dissatisfied by the judgment and award dated 23.06.2009 passed by the Motor Accident Claims Tribunal, Kachchh in Motor Accident Claims Petition No. 292 of 2009, the original claimant has preferred this appeal under section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as the “Act”).

2. The following facts emerge from the record of the appeal -

2.1 That the accident occurred on 19.11.1997. The record indicates that deceased Darshan Rameshchandra Shah was travelling in his Maruti car bearing registration No. GJ12T9487 at about 18.30 Hrs. The record further indicates that when the car reached ST stand of village Gada, a truck bearing registration No. GJ12T5977 came from the opposite direction being driven in rash and negligent manner from the wrong side and dashed with the Maruti car. The deceased sustained fatal injuries and succumbed to the same on the spot. The appellant original claimants preferred claim petition under Section 163A of the Act. It was the case of the appellant that the deceased was 22 years old. As the facts indicate, initially the claim petition was allowed by award dated 05.07.2000, whereby the learned Tribunal was pl