LAWS(GJH)-2011-12-109

GM PAGI Vs. RUKIBEN

Decided On December 12, 2011
GM PAGI Appellant
V/S
RUKIBEN Respondents

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment and award dated 04.05.1994 passed by the Motor Accident Claims Tribunal, Panchmahals (for short, ?the Tribunal?) in M.A.C.P. No.302/1993 whereby, the claim petition was partly allowed and the original claimants were awarded compensation of Rs.2.50 Lacs along with interest at the rate of 15% per annum from the date of application till its realization.

(2.) THE facts in brief are that on 07.01.1993 at about 1230 hrs. Dhulabhai, husband of respondent no.1 and father of respondent no.2, was going towards Khojalwasa from Mahelan on his bicycle. At that time, a Tempo bearing registration no. GJ-7T-8046 driven by appellant no.1, owned by appellant no.2 and insured with appellant no.3-Insurance Company, dashed Dhulabhai. As a result thereof, Dhulabhai sustained severe injuries and ultimately, succumbed to the injuries. Claim Petition was filed before the Tribunal, which came to be partly allowed by way of the impugned award.

(3.) NO other contention has been raised by learned counsel for the appellants.