NARMADABEN RANCHHODBHAI SOLANKI Vs. MUSHTAQALI ABDULGANI SAIYAD

JUDGEMENT

(1.) BY way of this appeal, the appellants have challenged the judgement and award dated 17.03.1993 passed by the Motor Accident Claims Tribunal, Baroda in MACT Case No. 853 of 1987 whereby the Tribunal awarded an amount of Rs. 2,32,000/- alongwith interest at the rate of 12% per annum from the date of application till realisation. The Tribunal has limited the liability of respondent no. 3 to the extent of 15000/- only.

(2.) THE original claimants had filed claim petition seeking compensation to the tune of Rs. 3,20,000/- in respect of the death of Shri Ranchhodbhai in a vehicular accident which occurred on 08.03.1987 when the deceased along with other passengers was travelling in a rickshaw bearing No. GRQ 3423 from Padra to Vadodara. It is the case of the original claimants the driver drove the rickshaw in a rash and negligent manner and the vehicle turned turtle. Shri Ranchhodbhai expired in the said accident and the legal heirs-present appellants therefore filed claim petition under the said circumstance. THE Tribunal after hearing the parties passed the aforesaid award.

(3.) IN the case of New INdia Assurance (Supra), the Apex Court upheld the direction to pay the claimants entire amount of compensation though the liability was limited to Rs. 50000/- in view of the avoidance clause. However, no such issue is raised in the present case and therefore the said decision shall not be applicable.