RESHAM Vs. NATWARLAL SHANKARLAL

JUDGEMENT

(1.) THIS appeal is directed against the judgment and award dated 30.11.1988 passed by the Motor Accident Claims Tribunal ( Main), Panchmahals at Godhra in M.A.C. Petition No. 464 of 1985 wherein the claim petition preferred by the claimants was partly allowed.

(2.) ON 04.06.1985 at 6.15 a.m. when one Gamirbhai and his companion Shania Radatia Naik were going for agricultural work to Godhra on their individual bicycles near the G.I.D.C, Godhra on Godhra Lanawada Highway Road, the S.T. Bus No. GRU 6701 came from opposite direction and dashed the cycles as a result of which they were thrown off the cycles and sustained serious injuries on head and legs and he died on the spot. The cycle of the deceased was also damaged. The legal heirs of the deceased preferred the above claim petition before the Tribunal claiming compensation in the sum of Rs. 1, 48,000/-. The Tribunal by judgment and award dated 30.11.1988 awarded a sum of Rs.64,500/-. Hence the present appeal has been filed at the instance of the claimant for enhancement.

(3.) HEARD learned Advocates for the parties and perused the documents on record. While considering the income, the Tribunal has held in paragraphs 7 of the judgement as under: