SAYRABIBI VAJIRMIYA MALEK Vs. BASIRKHAN RASULKHAN PATHAN

JUDGEMENT

(1.) BY way of this appeal, the appellant has challenged the judgment and award passed by the Motor Accident Claims Tribunal(Auxi), Nadiad under Section 163-A of the Act in Motor Accident Claims Petition No.775 of 2008, whereby the Tribunal has awarded Rs.3,35,900/- to original claimant at the rate of 9% p.a. from the date of the application till its realization and proportionate cost.

(2.) THE facts of the case is that on 04.05.2008, the deceased was walking by the side of road and at that time, original opponent No.1 came by driving luxury bus No.GJ-7-TT-9668 and dashed with the deceased. As a result, the deceased sustained grievous injuries and succumbed to death. THErefore, the original claimants filed claim petition being Motor Accident Claims Petition No.775 of 2008 before the Motor Accident Claims Tribunal(Auxi), Nadiad for compensation.

(3.) LEARNED counsel for the respondent has supported the judgment and award passed by the Tribunal and submitted that the Tribunal has properly considered all the aspects of the matter and therefore, no interference is called for.