RANIBEN BAGHABHAI Vs. JETHARBHAI VAJSURBHAI VAGH

JUDGEMENT

(1.) THIS appeal is directed against the judgement and award dated 21.09.2001 passed by the Motor Accident Claims Tribunal (Aux), Amreli in Motor Accident Claim Petition No. 314 of 1997 whereby the Tribunal has partly allowed the claim petition by awarding compensation in the sum of Rs. 166,000/- with interest at the rate of 9% from the date of filing of the claim petition.

(2.) ACCORDING to the claimants, on 16.06.1997, Baghabhai Jikarbhai was going to Marketing Yard at Rajula with his goods in the goods carrier auto rickshaw No. GJ-14-T-6802. The driver was driving the goods carrier auto rickshaw at an excessive speed and in a rash and negligent manner. As a result of which the auto rickshaw turned turtle which resulted into the vehicular accident. Baghabhai Jikarbhai received serious injuries in the accident and he succumbed to those injuries. The legal heirs of the deceased therefore, filed the aforesaid claim petition before the learned Tribunal wherein the aforesaid award came to be passed. This appeal is at the instance of the claimants for enhancement of compensation.

(3.) HEARD learned advocate for the appellant and perused the documents on record.