VIRABHAI PUNJABHAI GUJARATI Vs. ABHESINH RUPABHAI GHORI

JUDGEMENT

(1.) The present Appeal is filed by the appellants - original claimants seeking enhancement of the compensation amount awarded by the Motor Accident Claims Tribunal (Auxi.), Dahod (hereinafter referred to as "the Tribunal") vide impugned judgment and award dtd. 19/5/2017 passed in M.A.C.P. No.1116 of 2004 (New) and M.A.C.P. No.1103 of 1994 (Old), whereby the Tribunal has partly allowed the claim petition and awarded a sum of Rs.59,864.00.

(2.) Brief facts of the present case are that, on 26/2/1994, the mother of the present appellant No.1 and others were returning from Fatepura to Limdi in the evening after selling their vegetables. At that time, the mother of the appellant No.4 and other fruit venders had hired a Tempo bearing registration No.GJ-17-T-4201, which was driven by the deceased Zahidbeg (respondent No.3 herein). He was driving the Tempo at a limited speed and and on the left side of the road At that time, the respondent No.1 - driver of the S.T. Bus bearing registration No.GJ-01-T-9179 came from opposite side, overtook the bullock-cart and came on wrong side and dashed with the Tempo of the respondent No.3 and due to which the accident occurred. In the result, the mother of the applicant No.1 and others sustained serious injuries and the mother of the respondent No.4 died during treatment. Hence, the appellants - original claimants have filed M.A.C.P. No.1116 of 2004 (New) and M.A.C.P. No.1103 of 1994 (Old) 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.59,864.00 under different heads as against the claim of Rs.5,00,000.00.

(3.) 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.