KESHABHAI KARSANBHAI PARMAR Vs. AHMEDABAD MUNICIPAL TRANSPORT SERVICE

JUDGEMENT

(1.) THESE two appeals arise out of a common judgment and award rendered by Motor Accident Claims Tribunal, Ahmedabad in MACP No.911, 913 and 980 of 1999. The appellants were the claimants before the Tribunal, who are aggrieved on account of inadequacy of the compensation awarded by the Tribunal and hence these appeals.

(2.) FIRST Appeal No.1864 of 2002 arises out of MACP No.913 of 1999 where the claim has been preferred by the parents and minor brother of deceased ­ Arvindbhai Keshabhai, aged about 13 years, who died in the accident because of the injuries He was studying in 7 th standard and suffered by him. was also engaged in the work of boot polish. As per the claimants the deceased was earning about Rs.50.00 per day from the said work.

(3.) THE accident in question took place on 11/03/1999. The deceased boy and the injured ­ claimant were travelling in an auto-rickshaw when the rickshaw was knocked down by a bus owned by AMTS. The Tribunal held the driver of the bus to be solely responsible for the accident and there has been no challenge to this finding by way of an appeal by AMTS. Before the Tribunal, the AMTS was made a party-respondent. The judgment of the Tribunal, however, shows the Municipal Corporation of City of Ahmedabad as party ­ respondent and in the appeal AMTS is made a party.