KENA PANKAJ PATEL Vs. CHAUDHARI JESANGBHAI AVCHALBHA

JUDGEMENT

(1.) BY way of filing these appeals, the appellants original claimants under Section 173 of the Motor Vehicles Act, 1988 the appellants original claimants have challenged the judgments and awards passed by the learned MAC Tribunal (Main), at Navsari in MAC Petition No.259 of 1987 to 264 of 1987 dated 20th July 1994 vide which the Tribunal has partially allowed the claim petitions filed by the claimants.

(2.) AS all the appeals involve same questions of law and facts, they are heard together and are being disposed of by this common judgment and order. A cognate matter being First Appeal No.6463 of 1995 was not listed along with this group of appeals. Therefore, with the consent of the parties the same was called for from the Registry and is being disposed of along with other connected appeals.

(3.) CLAIM Petition No.259 of 1987 (out of which First Appeal No.6463 of 1995 arises) has been filed by the claimant claiming compensation for the injuries sustained by her. The claimant has filed the aforesaid claim petition claiming compensation of Rs.1 lac. The Tribunal awarded Rs.23,887.50 along with interest at the rate of 15% per annum. 5.1 CLAIM Petition No.261 of 1987 (out of which First Appeal No.6464 of 1995 arises) has been filed by the claimant claiming compensation for the death of her mother. The claimant has filed the aforesaid claim petition claiming compensation of Rs.75,000. The Tribunal awarded Rs.70,000 along with interest at the rate of 15% per annum. 5.2 CLAIM Petition No.262 of 1987 (out of which First Appeal No.6465 of 1995 arises) has been filed by the claimant claiming compensation for the death of her brother - Pavan. The claimant has filed the aforesaid claim petition claiming compensation of Rs.30,000. The Tribunal awarded Rs.28,000 along with interest at the rate of 15% per annum. 5.3 CLAIM Petition No.263 of 1987 (out of which First Appeal No.6461 of 1995 arises) has been filed by the claimant claiming compensation for the death of her grandmother. The claimant has filed the aforesaid claim petition claiming compensation of Rs.50,000. The Tribunal has computed the services rendered by him at the rate of Rs.1000 per month and Rs.12,000 per annum and by applying the multiplier of 4 awarded Rs.28,000 along with interest at the rate of 15% per annum. 5.4 CLAIM Petition No.264 of 1987 (out of which First Appeal No.6466 of 1995 arises) has been filed by the claimant claiming compensation for the death of her grandfather. The claimant has filed the aforesaid claim petition claiming compensation of Rs.75,000. The Tribunal awarded Rs.28,000 along with interest at the rate of 15% per annum.