JYOTINDRAKUMAR RANCHHODLAL PANDIT Vs. KANA JIVAN AYAR

JUDGEMENT

(1.) This appeal is filed by the appellants - claimants seeking enhancement of the compensation amount awarded by the Motor Accident Claims Tribunal (Aux), Mehsana (hereinafter referred to as "the Tribunal") vide impugned judgment and award dtd. 23/8/2006 passed in M.A.C.P. No.1389 of 2003..

(2.) Brief facts of the present case are that on 21/11/2003 at about 6.30 hours, deceased Arti was travelling as a pillion rider on the motorcycle bearing registration No.GJ-12-AB-3427. The record indicates that when they reached near the old Railway Station, on Madhapar Highway, a truck bearing registration No.GJ-12-U-7187 came from opposite direction, dashed with the motorcycle, due to which, deceased fallen down on the road and sustained serious injuries and succumbed to the injuries. The FIR was lodged with the jurisdictional police station at Exhibit 36. The appellants examined one Shri Vijaykumar Kaushal at Exhibit 39, who was working as programme Officer, in the said organization. Hence, the appellants - original claimants have filed M.A.C.P. No.1389 of 2003 before the Tribunal.

(3.) The Tribunal, after evaluating the pleadings and evidence tendered by the parties, partly allowed the claim petition and awarded a sum of Rs.1,40,000.00 under the different heads as against the claim of Rs.7,00,000.00. It came to be held by the Tribunal that said amount was ordered to be awarded to the deponents. Not being satisfied with the compensation amount, this appeal has been filed.