MESARIYA HIRABHAI REVABHAI Vs. BALDEVGIRI BABUGIRI GOSWAMI

JUDGEMENT

(1.) THIS appeal is directed against the judgement and award dated 09.07.2003 passed by learned Motor Accident Claims Tribunal(Auxi), Sabarkantha at Himmatnagar in Motor Accident Claim Petition No.1007 of 1994 whereby the said claim petition came to be partly allowed and awarded a sum of Rs.80,000/ along with interest at the rate of 9% per annum from the date of application till realization.

(2.) THE claimants have filed the aforesaid claim petition to get compensation in the sum of Rs.2,50,000/ on account of death of their son who died in an accident which took place on 17.07.1994. Their son Manubhai was walking along the road and at that time one matador came and knocked him down. They therefore claimed the aforesaid compensation and the Tribunal has awarded the amount as stated hereinabove. The present appeal is at the instance of the original claimants for enhancement of compensation.

(3.) AS regards the income is concerned, though the claimant s claimed that the deceased was earning Rs.3000/ per month, no evidence whatsoever was produced. Considering the fact that the deceased had passed 10 standard the Tribunal has taken his monthly income at Rs.1200/ and onethird was reduced towards his personal income. Learned Advocate for the appellant is not in a position to point out anything from the record to show that the deceased was earning any other or higher income.