GAURIBEN HAJABHAI RAJPUT Vs. UDUBHAI AGUBHAI VAGHELA

JUDGEMENT

(1.) THIS appeal is directed against the judgement and award dated 13.06.2008 passed by learned additional District Judge, Gandhidham-Kutch in Motor Accident Claim Petition No.469 of 2006 wherein the Tribunal has awarded a sum of Rs.1,32,500/- along with interest at the rate of 8% per annum from the date of filing of the main petition till the payment is made. This appeal is at the instance of the original claimants for enhancement.

(2.) ON 1.11.2005 one Suresh Haja was proceeding from Gangodar to Sui on his bicycle at about 17.30 hours. At that time a rickshaw came and dashed with the cycle. Suresh fell down and sustained serious injuries and ultimately succumbed to the same. His legal heirs therefore filed the aforesaid claim petition wherein the aforesaid award came to be filed wherein the aforesaid award.

(3.) ACCORDINGLY, the appeal is partly allowed. The claimants shall be entitled to additional sum of Rs.32,000/- along with interest at the rate of 7.5% from the date of claim petition till its realisation. The award of the Tribunal is modified accordingly. No order as to costs.