BHIKHUP AGARWAL Vs. LILABEN LALJIBHAI VALA

JUDGEMENT

(1.) This is an appeal against the award of the Motor Accidents Claims Tribunal, Bhavnagar (Guj.) dated 24.9.1996, awarding a sum of Rs. 6,40,000 as compensation together with interest at the rate of 15 per cent from the date of application till realisation with proportionate costs.

(2.) Mr. A.R. Mehta, learned counsel for the appellant and Mr. Shirish Joshi, learned counsel for the respondent have been heard on admission of this appeal as well as its final hearing. The appeal is admitted. With consent of the learned counsel for the parties, the appeal is finally disposed of without summoning the record.

(3.) Deceased Laljibhai was a driver in Bhavnagar Jilla Sahakari Bank Ltd. and had served there for the last 15 years. On the date of accident, he was driving an Ambassador car No. GJ 4-9528 and was coming towards Ahmedabad. He was driving the car slowly and carefully. When he reached between Bhandhuka and Bagodara, one oil tanker No. GJ 10-T 7952 was coming from behind. The opponent No. 2 in the Tribunal was the owner of the oil tanker and opponent No. 3 was the insurance company which had insured the tanker. It was alleged that the tanker was being driven rashly and negligently with full speed and without taking proper care, it overtook the car driven by the deceased. In this process, the tanker hit the Ambassador car as a result of which the deceased driver lost his life. The middle portion of the tanker had hit the front portion of the Ambassador car. The deceased died on the spot. He was aged 45 years on the date of accident. He was earning Rs. 4,000 per month as salary and also bonus at the rate of 20 per cent of the salary in each year. Two months overtime in a year was also given to the deceased by the bank. In the claim petition, it was stated that income of the deceased was between Rs. 5,500 and Rs. 6,000 per month.