ALARAKHA SUMAR KUMBHAR Vs. MAHMAD HUSSAIN ALIMAMAD RAYMA

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. 323 of 2006 in so far as the Tribunal awarded only Rs. 1,33,834/- by way of compensation to the original claimants along with 9% interest.

(2.) IT is the case of the claimants that while minor Anwar was crossing the road along with his mother, the original opponent no. 1 came driving a truck bearing registration no. GQY 4798 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. 2,04,500/-. 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 minor 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: