VARSHABEN KAUSHIKBHAI NATVARLAL MODI Vs. ATMARAM NAMDEV MORE

JUDGEMENT

(1.) This appeal is filed by the appellants- original claimants seeking enhancement of the compensation amount awarded by the learned Motor Accident Claims Tribunal (Main),Surat (hereinafter referred to as "the Tribunal") vide impugned judgment and award dtd. 31/8/2016 passed in M.A.C.P. No.114 of 2005, whereby, the Tribunal has partly allowed the claim petition and awarded a sum of Rs.2,69,940.00 (Rupees Two Lakhs Sixty nine thousand nine hundred and fourty only) in favour of the original claimants.

(2.) It came to be held by the Tribunal that said amount was ordered to be awarded to the deponents. Feeling aggrieved and dissatisfied with the impugned judgment and award passed by the learned Motor Accident Claims Tribunal (Main), Surat, present appeal has been filed.

(3.) Brief facts of the present case are as under:- 3.1 On the date of accident i.e. 31/10/2002 at 3.55 in the morning, the deceased was going as pillion rider on scooter No. GRH-38 towards Sandesh Press situated on A.K.Road. Ishwarbhai his employer, was driving the scooter in slow speed, on left side of the road and carefully by observing the traffic rules, and when they reached near the place of occurrence, opponent No.1 driving S.T.Bus No. MH-12-AQ-8611 in full speed, rashly and negligently, in breach of the traffic rules, dashed with the scooter of the deceased and therefore, the deceased was thrown away from the scooter and due to grievous injuries he died and Ishwarbhai also dies in the accident. The FIR has been registered against opponent No.1 before Varachha Police Station vide I-CR No. 381 of 2002. Hence, the appellants - original claimants have filed claim petition before the Tribunal. The Tribunal, after evaluating the pleadings and evidence tendered by the parties, partly allowed the claim petition and awarded a sum of Rs.2,69,940.00 under the different heads as against the claim of Rs.5,00,000.00.