BIREN VAISHNAV, NISHA M. THAKORE
Ranjanben, Wd/o. Ramsing B. Rathod – Appellant
Versus
Bhupendra Govindbhai Thakorbhupendra Govindbhai Thakor – Respondent
JUDGMENT :
(Nisha M. Thakore, J.)
1. This appeal is filed under Section 173 of the Motor Vehicles Act, against the judgment and award dated 29.04.2015 passed by the Motor Accident Claims Tribunal, Ahmedabad, in MACP No.94 of 2011. The appellants are the original claimants, who have approached this Court seeking enhancement of the award amount as against the aforesaid impugned award by which the learned Tribunal has partly allowed the claim petition preferred by the appellants – original claimants for the sum of Rs.9,61,640/- as against the claim put forward for a sum of Rs.50 Lakhs.
2. In nutshell, the case contended by the original claimants before the Tribunal is:
2.1 On 30.09.2010, at around 10:30 p.m. the husband of the appellant No.1 – Ramsinh Bhaijibhai Rathod (hereinafter referred to as “deceased”) was moving back to his home on motorcycle bearing registration No. GJ-17P-2478 from Airport to Nobalnagar. On way, when the deceased had arrived near Kotarpur turning the respondent No.1 – driver of the vehicle Chota Hathi bearing registration No.GJ-1-BX-6494 came from behind in rash, negligent and excessive speed and dashed with the motorcycle of the deceased. In the accident, the
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Sarla Dixit Vs. Balwant Yadav reported in (1996) 3 SCC 179
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