MANJULABEN VITTHALBHAI RAMANI Vs. KANA VALA MAKWANA

JUDGEMENT

(1.) BY way of this appeal, the appellants-original claimants have challenged the judgment and award dated 10.04.2001, passed by the Motor Accident Claims Tribunal(Main), Junagadh, in M.A.C.P. No.826 of 1990, whereby the tribunal has awarded compensation in the sum of Rs. 1,66,000/- to the claimant with interest at the rate of 9% per annum from the date of filing of the petition till realization.

(2.) THE brief facts leading to filing of this appeal are that in a vehicular accident one Vithabhai, expired and therefore, the legal heirs of the deceased filed claim petition being M.A.C.P. No.826 of 1998 before the Motor Accident Claims Tribunal, for compensation. THE Tribunal after hearing learned advocates for both the parties and after recording the evidence decided the claim petition and passed the award as stated herein above against which the present appeal is filed by the appellants-original claimants.

(3.) HEARD learned counsel for the parties and perused the material on record. I have also perused the decision of the Apex Court, relied upon by the learned advocate for the respondents. In view of the principle laid down in the case of Savitri Devi and Ors (Supra), such a decree cannot be passed by the Tribunal. Therefore, I am in complete agreement with the view taken by the Tribunal. The present appeal deserves to be dismissed. Therefore, the same is dismissed. No order as to costs.