RANCHHODBHAI POPATBHAI BARIA Vs. KANTABEN PRAJAPATI

JUDGEMENT

(1.) BY way of this appeal, the original opponents ? present appellants have challenged the judgement and award dated 03.05.1999 passed by the Motor Accident Claims Tribunal (Aux.) Vadodara in Motor Accident Claims Petition No. 1883 of 1992 whereby the Tribunal directed the original opponents to jointly and severally pay a compensation of Rs. 7,63,000/- to the original claimants with interest at the rate of 12% per annum and proportionate costs. 1.1. The original claimants have filed the cross objections seeking enhancement of the compensation amount.

(2.) THE original applicants -present respondent nos. 1 to 3 who are the legal heirs of the deceased Shri Somabhai Prajapati had filed a claim petition seeking compensation for Rs. 10,00,000/- for the death of Shri Somabhai in the accident which had occurred on 10.11.1992 near Bodeli Dhokali Crossing while he was standing near the road. At that time an S.T. bus bearing no. GCC 9865 driven by original opponent no.1 at an excessive speed hit him and Shri Somabhai sustained serious injuries which resulted in his death. THE Tribunal after hearing the parties passed the aforesaid award.

(3.) HEARD learned advocates for the parties. The Tribunal has gone through the evidence in detail and has come to the conclusion that the accident occurred on account of the rash and negligent driving of the S.T bus driver. This court is in complete agreement with the same.