HASAN MUSA MANJOTHI Vs. SHIVJI RAMJI PANCHANI

JUDGEMENT

(1.) THE appellants herein have challenged the award dated 04.08.2008 passed by the Motor Accident Claims Tribunal (Aux.), Kutch Bhuj in Motor Accident Claims Petition No. 419 of 2004 in so far as the Tribunal awarded only Rs. 1,95,167/- by way of compensation to the original claimants along with 9% interest.

(2.) IT is the case of the claimants that while Shri Sikandar was driving scooter bearing registration no. GJ-12-L-8002, the original opponent no. 1 came driving a truck bearing registration no. GJ-12-T-5923 and hit him as a result of which the deceased sustained serious injuries. He succumbed to those injuries. The claimants being legal representatives of the deceased therefore filed claim petition for compensation to the tune of Rs. 4,98,500/-. 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 quantum of compensation awarded by the Tribunal seems to be on a lower side. As regards the income of the deceased is concerned, the issue is now well settled by a recent decision of the Apex Court in the case ofNational Insurance Co. Ltd. vs. Gurumallamma and another (supra)wherein it is held as under: