EXECUTIVE ENGINEER Vs. HARSHIKABEN W/O KETANKUMAR BAROT

JUDGEMENT

(1.) BY way of these appeals, the appellant- original opponent No.2 has challenged the common judgment and award dated 15.04.1997, passed by the Motor Accident Claims Tribunal (Auxi-ii), Ahmedabad, in M.A.C.P. No.595 and 596 of 1988, whereby the tribunal has awarded compensation in the sum of Rs. 2,50,000/- to the claimants of M.A.C.P. No. 595 of 1988 and Rs.87,940/- to the claimants of M.A.C.P. No.596 of 1988 with interest at the rate of 12% per annum from the date of filing of the petition till realization.

(2.) THE brief facts leading to filing of these appeals are that on 10.03.1988 one Balvantbhai, who was serving as Senior Clerk in the office of the Executive Engineer, Irrigation Division, Ahmedabad alongwith his staffs and family members were going for inspection in a Jeep bearing registration No.GUD- 294. When they reached near village Rajid. The driver of the said Jeep was driving his vehicle rashly and negligently, therefore, he lost control over his vehicle and the said Truck turned turtle. As a result of the said accident, the father and mother of the original claimants expired and Manishaben Balvantbhai Barot sustained injuries. Therefore, filed claim petitions being M.A.C. P. Nos. 595 and 596 of 1988 filed before the Tribunal for compensation. The Tribunal after hearing learned advocates for both the parties and after recording the evidence decided the claim petitions and passed the award as stated herein above against which the present appeals are filed by the appellant-original opponent No.2.

(3.) LEARNED counsel for the respondent supported the impugned judgement and award of the Tribunal and submitted that the Tribunal after considering the evidence on record has passed the impugned judgment and award. Therefore, he prayed to dismissed these appeal.