UNITED INDIA INSURANCE CO LTD Vs. HEMLATABEN

JUDGEMENT

(1.) The short facts are that on 2.6.1996 the deceased Dilip Chimanlal Thakkar, at about 11 O'Clock when was going on his scooter bearing RTO No.GJ-1-Q-6170 with his daughter Meghna, who was sitting as pillion rider, near Prakruti Udhyan, took a turn and at at that time one matador bearing RTO No.GJ-18-T-6031 dashed with the scooter and the deceased Dilip sustained injuries and thereafter he succumb to the injuries. The aforesaid incident gives rise to the claim petition being M.A.C.P. No.1232 of 1996 before the Tribunal for the compensation of Rs.35,00,000/- after the amendment, which was so granted.

(2.) The Tribunal at the conclusion of the proceedings passed the judgement and award dated 20.8.2006, whereby the Tribunal awarded compensation of Rs.25,38,000/- with the interest at the rate of 7.5% p.a. Under these circumstances, the present appeal before this Court.

(3.) We have heard Mr.Rajni Mehta, learned Counsel appearing for the appellant Insurance Company and Mr.M.B. Gandhi, learned Counsel for the respondent original claimants. We have also heard Mr.Gandhi as well as Mr.Mehta in the Cross Objection preferred by the original claimants.