DIVISIONAL CONTROLLER,GSRTC Vs. AMRUTBEN PREMPURI GUSAI

JUDGEMENT

(1.) THIS appeal is directed against the judgement and award dated 27.01.2004 passed by the learned Motor Accident Claims Tribunal (Aux.), Kachchh at Bhuj in Motor Accident Claims Petition No. 244 of 1996 whereby the learned Tribunal has partly allowed the aforesaid claim petition of the claimants by awarding compensation in the sum of Rs. 288800/ at the rate of 9% per annum from the date of claim petition till realization .

(2.) ON 25.03.1996, Prempuri Gusai was going on road near Nava Naka at Mandvi. At that time, S.T. Bus bearing No. GJ1Z4803 came in excessive speed from the S.T. Depot and dashed with Prempuri. As a result of this Prempuri sustained injuries and succumbed to the same. The legal heirs of the deceased therefore, filed the aforesaid claim petition wherein the learned Tribunal passed the aforesaid award which is challenged in the present petition.

(3.) LEARNED advocate appearing for the appellant further submitted that the learned Tribunal committed error in awarding amount of compensation in sum of Rs. 288800/ and that learned Tribunal erred in believing the income of deceased as Rs. 2100 in absence of evidence.