SARUYABEN HARISINGBHAI BILWAL Vs. ATAULLAHKHAN MEHTABKHAN LALKHAN PATHAN

JUDGEMENT

(1.) This appeal under the Motor Vehicles Act is directed against the judgment and order dated 25th March, 1998 passed by the Motor Accident Claims Tribunal (Aux. IV), Kheda at Nadiad in M.A.C.P. No. 368 of 1988 whereby while partly allowing the claim, the Tribunal has directed the opponents to pay a sum of Rs. 2,47, 000.00 with interest thereon at the rate of 12% per annum from the date of the petition till realisation within two months and also proportionate costs jointly and severally to the applicants. This appeal is at the instance of the claimants for enhancement of the amount of compensation and it is given out that the opponents have not challenged this award.

(2.) Briefly stated, the facts of the case are that the accident took place on 2nd January, 1988 when the deceased Harisinh Bilwal was going on Scooter No. GUS-5961 along with the pillion rider and there was a collision between the said scooter and the truck No. GQG-6316 on Kheda Highway in the sim of village Vanoti between Thasara and Dakor. The accident took place at about 5-00 p.m. and in this accident, the scooter driver Harisinh Bilwal as also the pillion rider expired. The Claim Petition No. 368 of 1988 was filed by heirs of the scooter driver Harisinh Bilwal and Claim Petition No. 334 of 1988 was filed by the heirs of the pillion rider, claiming compensation of Rs. 11,30,000.00 and Rs. 7,00,000.00 respectively.

(3.) The claimants in Claim Petition No. 368 of 1988 have come up before this Court in this appeal. The main challenge is against the quantum and Mr. M.T.M. Hakim appearing on behalf of the appellants claimants has urged that the amount of Rs. 2,47,000.00 as has been awarded by the Tribunal is too meagre and is not based on the correct appreciation of the evidence which has come on record.