LAWS(GJH)-2011-12-48

VASTABHAI HARIBHAI SOLANKI Vs. HARGOVANBHAI CHHOTABHAI BHAGI

Decided On December 07, 2011
VASTABHAI HARIBHAI SOLANKI Appellant
V/S
HARGOVANBHAI CHHOTABHAI BHAGI Respondents

JUDGEMENT

(1.) ADMIT. Mrs. Bhatt learned counsel waives service on behalf of respondent no.2. With the consent of both the sides, the matter is taken up for final hearing today. This appeal has been preferred against the judgment and award dated 29.09.2010 passed by the Motor Accident Claims Tribunal (Aux.), Fast Track Court, Patan in M.A.C.P. No.310/2006 whereby, the claim petition was partly allowed and the original claimants were awarded total compensation of 1,54,000/- along with interest @ 7.5% per annum from the date of application till its realization.

(2.) THE facts in brief are that on 30.08.2006 deceased Sudhirkumar Vastabhai Solanki, son of appellants no.1 & 2 and brother of appellants no.3 & 4, was waiting for a Bus at S.T. Depot, Chanasma for going towards Gokharwa. A Bus bearing registration no. GJ-18V-3167, belonging to respondent no.2-Corporation, arrived at the Depot. While the deceased was about to step into the Bus, all of a sudden the driver of the said Bus, respondent no.1 herein, drove away the Bus on account of which Sudhirkumar Vastabhai Solanki fell down and the rear wheel of the Bus ran over him. He died on the spot. 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.

(3.) IN view of the above, the appeal is partly allowed. The impugned award dated 29.09.2010 is modified to the extent that the appellants, original claimants, shall be entitled for additional compensation of Rs.20,500/- [17500 + 3000] [Twenty thousand five hundred only] along with interest at the rate of 7.5% per annum from the date of application till its realization. The rest of the award remains unaltered. The appeal stands disposed of accordingly. No order as to costs.