MIYA MOHHAMAD USMANBHAI DOI Vs. MOHHAMADSHAH RAMJANSHAH FAKIR

JUDGEMENT

(1.) THIS appeal is directed against the judgement and award dated 03.01.2008 passed by the learned Motor Accident Claims Tribunal (Aux.), Sabarkantha at Himmatnagar in Motor Accident Claims Petition No. 5 of 2006 wherein the learned Tribunal has partly allowed the aforesaid claim petition by awarding compensation in the sum of Rs.

(2.) ,39,000/ at the rate of 7.5 % from the date of application till realization. 2. On 08.10.1009 Mahammad Iliyas was going home at Panpur (Savgadg) on L.M.L Scooter No. GJ 9 L 5078 owned by opponent No.4. At about 5.45 hours, one Maruti Omni Van bearing registration No. GJ 8 D 7822 came on wrong side with an excessive speed and in rash and negligent manner, dashed with the scooter. As a result thereof, Mahammad Iliyas sustained injuries and died on the spot. The legal heirs of the deceased filed the aforesaid claim petition wherein the learned Tribunal passed the aforesaid award. This appeal is at the instance of claimants for enhancement of compensation.

(3.) LEARNED advocate for the appellant placed reliance on the decision of the Hon'ble Supreme Court in case Govind Yadav versus New India Insurance Company Ltd. 2011 STPL ( web) 936 SS wherein in para 17 it is held as under: