PRITAM DAMJI THACKER Vs. KANYA KHETA BAROT

JUDGEMENT

(1.) THIS appeal is directed against the judgement and award dated 05.04.2004 passed by the Motor Accident Claims Tribunal (FTC), Kachchh at Bhuj in Motor Accident Claims Petition No. 114 of 1994 wherein the learned Tribunal has partly allowed the aforesaid claim petitions of the claimants by awarding compensation in the sum of Rs.86600/ along with interest at the rate of 9% per annum from the date of claim petition till realization.

(2.) ON 19.09.1993 at about 4.30 hours one Jitendra Balvantray Thacker and Pritam Damji were proceeding from Gandhidham to Gagodar in Matador No. GJ12U1496. At that time the said Matador collided with truck which was parked on the road unattended and without any signals or fencing. As a result of this, Jitendra sustained serious injuries and succumbed to the injuries. Pritam Damji Thacker also sustained injuries. Pritam Damji therefore filed the aforesaid claim petition being M.A.C.P No. 114 of 1994 wherein the learned Tribunal passed the aforesaid award. This appeal is at the instance of the claimants for enhancement of compensation.

(3.) LEARNED advocate for the respondent supported the judgement and award of the learned Tribunal and submitted that the appeal may be dismissed.