NEW INDIA ASSURANCE CO.LTD. Vs. NATHUBHAI

JUDGEMENT

(1.) Heard learned Advocates for the parties and perused the papers on record.

(2.) The present appeal is filed challenging the award dated 14.10.2004 passed by the Motor Accident Claims Tribunal, (Special) at Porbandar in Claim Case No. 131 of 1997 whereby the Tribunal partly allowing the claim petition has awarded Rs. 1,21,000 by way of compensation to the original claimants at 9% interest.

(3.) The legal heirs and representatives of deceased Deviben preferred the claim petition before the Tribunal seeking compensation in respect of the vehicular accident which occurred on 20.12.1995. Deviben was travelling in a rickshaw bearing registration No. GTW 9444 with other co-workers and the said rickshaw was being driven by the original opponent No. 1 rashly and negligently as a result of which the rickshaw turned turtle. Deviben received injuries on her head and succumbed to the injuries during treatment. The Tribunal after hearing the parties passed the aforesaid award.