ORIENTAL INSURANCE CO LTD Vs. JITENDRA YASHWANTBHAI PATIL

JUDGEMENT

(1.) THE appellants herein have challenged the award dated 02.04.2002 passed by the Motor Accident Claims Tribunal (Aux.), Ahmedabad in Motor Accident Claims Petition No. 693 of 1996 so far as the Tribunal awarded Rs. 8,75,000/- by way of compensation to the original claimants along with 12% interest.

(2.) IT is the case of the appellants that while the victim was driving police van no. GJB 9111, a truck bearing registration no. RJ 19 G 5662 came driven by the original opponent no. 1 in a rash and negligent manner came from the opposite direction and hit the police van as a result of which the victim sustained serious injuries. He succumbed to those injuries. The claimants being legal heirs and representatives of the deceased therefore filed claim petition for compensation to the tune of Rs. 10,00,000/-. The Tribunal after hearing the parties passed the aforesaid award.

(3.) THE Tribunal has gone into the evidence in detail and has come to the conclusion that the accident in question happened because of the negligence of the driver of the truck. However, the income assessed by the Tribunal seems to be on a higher side. No concrete evidence is produced on record to substantiate the claim of the claimants as far as income is concerned. THE certificate by the concerned police station stated the income of the deceased as Rs. 3624/-.