DEVJIBHAI JESINGBHAI DHOLIYA PATEL Vs. SURESH MANJI SOLANKI

JUDGEMENT

(1.) THIS appeal is directed against the judgement and award dated 15.07.2004 passed by the Motor Accident Claims Tribunal (Main.), Kachchh at Bhuj in Motor Accident Claim Petition No. 87 of 2002 whereby the claim petition preferred by the claimants came to be allowed by awarding Rs. 2, 44, 500/- to the claimants.

(2.) ACCORDING to the claimant, on 06.01.2002 son of the claimants, viz., Jitendra @ Jitubhai Devjibhai Dholiya (Patel) was in employment of opponent No. 2 and was proceeding in Tractor No. GJ-12-K-2061 and Trolley No. GJ-12-U-4769 for the work of opponent No.2. The opponent No. 1- driver was driving the said Tractor-Trolley in rash and negligent manner and with excessive speed. When the said Tractor-Trolley reached near the place of accident, at about 18.00 hours, he suddenly applied brakes as a result of which due to the jerk, Jitubhai fell down from the Tractor ? Trolley, sustained serious injuries and succumbed to the same. The claimants who are parents of the deceased preferred the aforesaid claim petition whereby the aforesaid award came to be passed. This appeal is at the instance of the claimants, for enhancement of the compensation.

(3.) HEARD learned advocates for the respective parties and perused the documents on record. The Tribunal has discussed the issue elaborately in paragraphs No. 18 of the judgement, which reads as under: