USHABEN NARENDRAKUMAR PATEL Vs. GSRTC

JUDGEMENT

(1.) THE appellants, original claimants, have filed this appeal under Section 173 of the Motor Vehicles Act, 1988, for enhancement, against the judgment and award dated 26th April, 2001 passed by the Motor Accident Claims Tribunal (Main) at Mehsana in M.A.C. Petition No.371 of 1995, whereby, the Tribunal awarded Rs.3,90,000/- with proportionate costs and interest at the rate of 9% per annum from the date of the claim petition till realization against the opponent.

(2.) THE appellants filed the claim petition to get a sum of Rs.9,00,000/- by way of compensation from the respondent for the death of Naresh @Ambalal Patel due to vehicular accident.

(3.) THE contention about the income of the deceased and other relevant aspects were denied by the opponent. The Tribunal framed issues vide Exh.30 and it was held that legal representatives / dependents of the deceased were entitled to receive compensation in view of material on record and evidence brought before the Tribunal. The factum of accident and also rash and negligent driving of the offending vehicle which ultimately resulted into unfortunate death of the deceased was proved. The claims tribunal in detail examined all the documents, including the complaint lodged before the Police Station Officer, Chanasma by the complainant and driver of the S.T. Corporation, Exh.22 Panchnama of place of offence, injury certificates issued by the hospital, postmortem report, etc.