DIVISIONAL SUPERINTENDENT WESTERN RAILWAY Vs. CHHOTUBHAI SHANABHAI PATEL

JUDGEMENT

(1.) These First Appeals are filed against the common judgement and award dated 30th April, 1982 passed in group of Motor Accident Claims Petition, being 357/1980 (Main) cognate with 417/1979, 418/1979, 419/1979, 420/1979, 421/1979 and 422/1979 by the Motor Accident Claim Tribunal (Auxiliary), Nadiad.

(2.) The said judgement and award is challenged by filing First Appeals, except in case of two claim petitions, namely, (i) M.A.C.P. No.419 of 1979 wherein the amount claimed was Rs.5,000=00 only, against which the M.A.C.Tribunal was pleased to award Rs.1176=00 only; and, (ii) M.A.C.P. No.421 of 1979 wherein also an amount of Rs.5,000=00 was claimed and an amount of Rs.1225=00 only was awarded.

(3.) The First Appeal No.288/1983 arises from Motor Accident Claim Petition No.418/1979 (a case of fatal accident), wherein amount claimed is Rs.50,000=00, whereas the amount awarded is Rs.44,500=00; First Appeal No.289/1983 arises from Motor Accident Claim Petition No.357 of 1980 (a case of fatal accident), wherein the amount claimed is Rs.1 lac, whereas the amount awarded is Rs.70,000=00; First Appeal No.290/1983 arises from Motor Accident Claim Petition No.422/1979 (a case wherein the claimant sustained fracture, a case of injury), the amount claimed is Rs.9,999=00, which is awarded; First Appeal No.291/1983 arises from Motor Accident Claim Petition No.417/1979 (a case of fatal accident), wherein the amount claimed is Rs.50,000=00, whereas the amount awarded is Rs.40,450=00; First Appeal No.292/1983 arises from Motor Accident Claim Petition No.420/1979 (a case of injury), the amount claimed is Rs.9,999=00, against which Rs.6,700=00 is awarded.