LAWS(GJH)-2012-3-425

ARJANBHAI GOPALBHAI Vs. HEMUBHAI RUPSANGBHAI RATHOD

Decided On March 13, 2012
Arjanbhai Gopalbhai Appellant
V/S
Hemubhai Rupsangbhai Rathod Respondents

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment and award dated 12.11.1998 passed by the Motor Accident Claims Tribunal [Main], Surendrangar in M.A.C.P. No. 446 of 1990, whereby the claim petition was partly allowed and the original claimants were awarded total compensation of Rs.1,54,000/ along with interest @ 12% per annum from the date of the application till its realization and proportionate costs.

(2.) IN connection with the vehicular accident that took place on 24.11.1995 near Limbdi on Limbdi Dhandhuka State Highway Road, in which Gopalbhai Arjanbhai expired, the legal heirs filed claim petition, which came to be partly allowed, by way of the impugned award. The appellants have preferred the present appeal for enhancement of the amount of compensation.

(3.) FOR the foregoing reasons, the appeal is partly allowed. The impugned award is modified to the extent that the appellants of M.A.C.P. No.446/1990 shall be entitled for additional compensation of Rs.174,750/ along with interest at the rate of 7.5% per annum from the date of application till its realization. The impugned award stands modified to the above extent. The appeal stand disposed of accordingly.