SHANTIBHAI DAYABHAI VAGHELA Vs. PRAKASHBHAI PAREKH

JUDGEMENT

(1.) BY way of this appeal, the appellant-original claimant has challenged the judgement and award dated 15.07.2004 passed by the Motor Accident Claims Tribunal(Auxiliary), Godhra, District Panchmahal, in M.A.C.P. No.1413 of 1991, whereby the tribunal has awarded compensation in the sum of Rs.1,,57,000/- to the original claimant with interest at the rate of 9% per annum from the date of filing of the petition till realization.

(2.) THE brief facts leading to filing of this appeal are that on 01.10.1990, one shantaben was travelling in a Auto rickshaw bearing registration No. GRY-1234 along with co-passengers. When the said Auto rickshaw was crossing the railway track, at that time one Super-fast train came running from Godhra side and smashed the auto rickshaw. As a result of this accident, Shantaben and other co-passengers were died. THErefore, the legal representative of deceased filed claim petition being M.A.C.P No.1413 of 1991 before the Tribunal for compensation. THE Tribunal after hearing learned advocate for both the parties and after recording the evidence decided the claim petition and passed the award as stated hereinabove against which the present appeal is preferred by the appellant-original claimant.

(3.) IN that view of the matter, the claimant is entitled to additional amount of Rs.8000/- alongwith interest at the rate of 7 ? per cent from the date of filing of the application till realization.