LAWS(GJH)-2012-3-278

KADARBHAI M MUKHI Vs. RASIDABEN AJIJBHAI

Decided On March 02, 2012
Kadarbhai M.Mukhi Appellant
V/S
Rasidaben Ajijbhai Respondents

JUDGEMENT

(1.) THE appellants herein have challenged the award dated 01.01.1997 passed by the Motor Accident Claims Tribunal (Main), Bhavnagar in Motor Accident Claims Petition No. 239 of 1996 so far as the Tribunal awarded Rs. 2,60,000.00 by way of compensation to the original claimants along with 15% interest.

(2.) IT is the case of the appellants that while Shri Ajijbhai Dhanani was riding a bicycle, a tanker driven by the original opponent no. 1 in a rash and negligent manner hit the bicycle from behind as a result of which the deceased was thrown off the bicycle and sustained serious injuries. He succumbed to those injuries. The claimants being legal heirs and representatives of the deceased therefore filed claim petition for compensation to the tune of Rs. 3,00,000.00. The Tribunal after hearing the parties passed the aforesaid award.

(3.) MR . Mehul Shah, learned advocate appearing for the respondent supported the impugned award and submitted that the award having been passed after considering the evidence in detail does not call for any interference by this Court. He submitted that the Tribunal has rightly assessed the income.