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BIREN VAISHNAV, MAULIK J. SHELAT
Patel Jashiben Govindbhai W/O Govindbhai Ambaram – Appellant
Versus
Patel Bipinbhai Babubhai – Respondent
JUDGMENT :
MAULIK J.SHELAT, J.
1. The present appeal is filed under section 173 of the Motor Vehicle Act (herein after referred to as ‘the MV Act’) by the original claimants against judgement and award dated 29.04.2009 passed by the Motor Accident Claims Tribunal (Auxilliary-I), Mahesana (hereinafter referred to as ‘the tribunal’) in Motor Accident Claim Petition (MACP) No. 573 of 2004. Parties will be referred as per their original status.
2. Short facts:
2.1 On 01.06.2004 deceased Govindbhai was riding his motorcycle bearing registration No. GJ-2-AA-6318 and passing nearby B.K. Cinema, Visnagar. At that point of time, one TATA Sumo Car bearing registration No. GJ-18-A-2679 came in high speed and dashed at rear side of motorcycle of deceased. The rider of motorcycle having sustained serious injuries succumbed to it during the course of treatment.
2.2 The legal heirs of deceased have filed MACP No. 573 of 2004 under Section 166 of the MV Act against driver, owner and insurer of TATA Sumo car for compensation of Rs.36,00,000/-.
2.3 The driver of the TATA Sumo appears to have been deleted below Exh.11 before the tribunal. The owner of the TATA Sumo car has chosen not to appear. Opponent No
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