LALITABEN GORDHANBHAI Vs. VYAS BHARAT DUBE

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment and award dated 29.08.1992 passed by the Motor Accident Claims Tribunal (Aux.), Baroda in M.A.C.P. No.441/1986 whereby, the claim petition was partly allowed and the appellants, original claimants, were awarded Rs.65,000/- as compensation along with interest at the rate of 15% per annum from the date of application till its realization and proportionate costs.

(2.) THE facts in brief are that on 06.03.1986 at around 1930 hrs. while Gordhanbhai was standing on the side of a road and waiting for some vehicle for the purpose of going to his village, a Car bearing registration no. DEC 1139 driven by respondent no.1, owned by respondent no.2 and insured with respondent no.3-Insurance Company, came from the opposite side and dashed Gordhanbhai. As a result thereof, Gordhanbhai sustained severe bodily injuries and ultimately, died. THE legal heirs filed claim petition before the Tribunal claiming compensation of Rs.8.00 Lacs, which came to be partly allowed, by way of the impugned award. Being aggrieved by the compensation awarded, the claimants have preferred the present appeal for enhancement.

(3.) FOR the foregoing reasons, the appeal is partly allowed. The impugned judgment and award passed by the Tribunal is modified to the extent that the original claimants shall be entitled for additional compensation of Rs.87,300/- [Rupees Eighty seven thousand three hundred only], over and above the compensation already awarded by the Tribunal, along with interest at the rate of 7.5% per annum from the date of application till its realization. The rest of the impugned award remains unaltered and is, confirmed. The appeal stands disposed of accordingly. No order as to costs.