ORAL JUDGMENT

1. The present First Appeal, under Section 173 of Motor Vehicles Act, 1988 , is preferred by the appellant/s – original claimant/s, being aggrieved and dissatisfied with the judgment and award dated 6.12.2021 passed by the Motor Accident Claims Tribunal (Aux.) Vadodara in Motor Accident Claim Petition No.1322 of 2011, by which the Tribunal has awarded compensation of Rs.34,91,000/- with 9% per annum interest to the claimant/s, holding Opponents of the vehicle in question, liable, jointly and severally.

2. Brief facts of the case are as under:

2.1 The claimants filed the claim petition stating that the deceased-Dharmeshbhai Babubhai Kapadiya was travelling in WagorR car no.GJ-6-CB-2027 which was driven by opponent no.1 and coming to Padra from Ambaji and when they reached the place of accident, opponent no.1 drove the car in full speed in rash and negligent manner and he suddenly lost control over the steering and car fell down on the service road, as a result of which Dharmeshbhai sustained serious bodily injuries and he died during the treatment. Initially, the injured himself filed the claim petition, however, as he died during the course of treatment on 27.11.2011 hi