LILABEN MANUBHAI Vs. SHARDABEN ISHVARBHAI

JUDGEMENT

(1.) BY way of this appeal, the appellants-original opponents have challenged the judgement and award dated 09.06.1997, passed by the Motor Accident Claims Tribunal, Bhavnagar, in M.A.C.P. No.192 of 1997, whereby the Tribunal has awarded compensation in the sum of Rs.4,68,000/- to the claimants alongwith interest at the rate of 15% per annum from the date of filing of the application till its realization.

(2.) THE short facts as emerging from the record are that on 18th September, 1996 one Ishwarbhai P. Sonagara, was going to village Senthali to meet his religious leader(Dharamguru) in a tempo. He alighted from the vehicle at village Senthali and was standing just in front of the gate of Senthali Gram Panchayat. At that time one Matador bearing registration No.GJ-7T-2343 came and dashed the Ishwarbhai P. Sonagara. As a result of the said accident, Ishwarbhai P. Sonagar, sustained grievous injuries and subsequently, he died. 2.1. THErefore, the legal heirs of the deceased filed claim petition being M.A.C.P. No.192 of 1997 before the Tribunal for compensation. THE Tribunal, by impugned judgment and award, partly allowed the claim petition and awarded compensation to the claimants as stated hereinabove, against which, the present appeal is filed by the appellants-original opponents.

(3.) LEARNED counsel for the respondents has raised first contention regarding non-involvement of the vehicle No. GJ-7T-2343 before this Court, which has not been raised before the Tribunal. In support of his contention he relied upon the decision of the Apex Court passed in Civil appeal No.5881 of 2008, dt. 26th September, 2008, wherein the Apex Court has observed that in case of a contention which has not been raised before the Tribunal, the High Court was justified in refusing to go into such contentions. He also relied upon the decision of the Apex Court in the case of Mohd. Akram Ansari Vs. Chief Election Officer and Ors, reported in 2008 AIR SCW 416.