GYANDEV GOMA BHURLE Vs. SHASHIKANT D BHAVSAR

JUDGEMENT

(1.) THE appellants herein have challenged the award dated 15.11.1995 passed by the Motor Accident Claims Tribunal, Mehsana in Motor Accident Claims Petition No. 1215 of 1990 so far as the Tribunal awarded only Rs. 51,452.00 as compensation with interest and costs after deducting Rs. 88,548.00 paid under the Workmen's Compensation Act from the total compensation of Rs. 140000.00.

(2.) IT is the case of the appellant that on 05.04.1990, while the son of the appellants was travelling in a jeep bearing registration No. GRW 9411 which was being driven by the original opponent no. 1 in a rash and negligent manner, the jeep turned turtle killing the son of the appellants. The appellants therefore filed claim petition for compensation to the tune of Rs. 4 lakhs. The Tribunal after hearing the parties passed the aforesaid award.

(3.) BEFORE proceeding further it is required to be noted that the issues with regard to income and deduction by way of personal expenses are already settled by the decisions of Apex Court. In the case of Smt Sarla Dixit & Anr Vs. Balwant Yadav & Ors, reported in 1996 AIR 1274 (=1996 SCC (3) 179) it is held as under: