SHAKUBEN Vs. SOMABHAI DHULABHAI

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment and award dated 10.05.1991 passed by the Motor Accident Claims Tribunal (Aux,), Kheda at Nadiad in M.A.C.P. No. 1220 of 1989 whereby, the claim petition was partly allowed and the original claimants were awarded total compensation of Rs.1,26,000/- along with interest @ 12% per annum from the date of application till its realization.

(2.) THE facts in brief are that on 24.01.1982 deceased Somabhai Melabhai, husband of appellant no.1 and father of appellants nos, 2 to 5, and his friends were going to market from Nakhi Talav at that time S.T. Bus bearing registration No. G.R.T. 9953, driven by respondent no. 1 herein dashed with the wall and the deceased got crushed between the wall and the bus. As a result thereof, he sustained severe injuries and ultimately died. THE legal heirs of the deceased, appellants herein, filed the claim petition, which came to be partly allowed, by way of the impugned award. By way of this appeal, the appellants have claimed for enhancement of the amount of compensation.