KANCHAN LALJI Vs. HAIDER RAJAB CHARANIA

JUDGEMENT

(1.) THE challenge in this appeal is to the judgment and award dated 31.3.2006 passed by learned M.A.C.T (Auxiliary No.2), Amreli in M.A.C.P. No.115 of 2004. The Tribunal awarded Rs.3,31,000.00 by way of compensation to the appellants, who were original claimants and further directed that they were entitled to recover simple interest on the principal amount of compensation @ 6% p.a. from the date of the filing of the said claim petition till realisation and proportionate cost thereon. The Tribunal directed both the respondents, who were original opponents to pay said amount of compensation with interest and cost to the appellants ­ claimants jointly and severally. The original claimants felt that the amount awarded by way of compensation was on lower side and, therefore, preferred this appeal for enhancement of amount of compensation to the extent of Rs.4,69,000.00.

(2.) THE appellants were, therefore, original claimants and the respondents were original opponents and so for the sake of convenience, the appellants and the respondents shall be referred to in this judgment as the claimants and the opponents. The brief facts leading to the original claim petition are that on dated 1.11.2003 at about 7.30 p.m., the deceased ­ Laljibhai Laxmanbhai was going on his motorcycle No.GJ- 14F-2580. The deceased was riding his motorcycle with moderate speed and on correct side of the road. He was going to Dhareshwar from Rajula. It is the case of the claimants that at the relevant time, one deceased Ali Raja Yusuf Ali was riding his motorcycle No.GJ-14F-6271 belonging to the opponent No.1 and he was coming from the opposite direction and he was riding his motorcycle with full speed rashly and negligently and dashed his motorcycle with the motorcycle of deceased Laljibhai. Deceased Laljibhai sustained serious bodily injuries and he was initially shifted to Civil Hospital, Bhavnagar and, thereafter, to SAL Hospital, Ahmedabad and during the course of his treatment, Laljibhai succumbed to the injuries on 10.11.2003. It is further pertinent to note that even the rider of the opposite vehicle, namely, motorcycle No.GJ-14F-6271 ­ Ali Raja Yusuf Ali also succumbed to the injuries.

(3.) BOTH the opponents came to be served with notices by the Tribunal. The opponent No.2 ­ insurance co. challenged the claim petition by filing written statement, Exh.13. The opponent No.2 ­ insurance co. challenged the factum of accident. Alternatively it was contended that the deceased himself was solely responsible and negligent for the accident the involvement of the vehicle belonging to the opponent No.1 was also challenged.