GAFFURBHAI ABRUBHAI BARA Vs. MAHMAD HUSAIN ABDULBHAI MANSURI

JUDGEMENT

(1.) THE appellants herein have challenged the award dated 13.05.2008 passed by the Motor Accident Claims Tribunal (Aux.), Kutch Bhuj in Motor Accident Claims Petition No. 49 of 2006 in so far as the Tribunal awarded only Rs. 1,64,500/- by way of compensation to the original claimants along with 9% interest.

(2.) IT is the case of the claimants that while Usmanbhai Gaffurbhai was travelling as cleaner in tempo bearing registration no. GJ-12-X-3107, the original opponent no. 1 driving driving the said tempo suddenly applied brakes as a result of which the deceased fell down and and 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. 5,10,500/-. The Tribunal after hearing the parties passed the aforesaid award.

(3.) THE Tribunal has gone into the evidence in detail. 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 reported in 2009(9) SCALE 764 wherein it is held as under: