DAXABEN Vs. DHULABHAI BUDHABHAI

JUDGEMENT

(1.) The present appeal under Sec. 173 of Motor Vehicles Act, 1988 (" MV Act " for short) is preferred by the appellants for enhancement of the compensation awarded by the Motor Accident Claim Tribunal (Aux.) Bharuch in Motor Accident Claim Petition No.512 of 1994.

(2.) The facts in brief as could be culled out from the memo of the appeal and the impugned judgment and award are that on 19/2/1994, the deceased -Arvindsinh Himmatsinh, who happens to be husband of appellant No.1-claimant, was going to Nobara with the respondent No.5 on his Scooter as a pillion rider. At that time, when the said scooter was driven by the respondent no.5, the police jeep bearing registration No.GJ-16-G-0013 came with full speed, rashly and negligently from opposite direction and on the wrong side and dashed with the said scooter resulted into serious accident, in which deceased- Arvindsinh Himmatsinh crushed under the wheels of the said Jeep and died on the spot. Thereafter, an FIR in respect of the accident was registered in Jambusar Police Station against the respondent No.1-driver of the offending vehicle. The offending vehicle was of the ownership of respondent No.2 and it was insured with respondent No.3-Insurance Company at the time of accident. The appellant, therefore, filed MACP No.512 of 1994 to recover a compensation of Rs.17,00,000.00 from respondent Nos.1 to 3 jointly and severally.

(3.) The Tribunal after considering the oral and documentary evidence adduced by the parties partly allowed the claim petition by impugned judgment and award and awarded Rs.9,05,200.00 as compensation with the interest @ 7.5% and the respondents were directed to pay jointly and severally. The appellant being unhappy with the quantum of compensation approached before this Court for enhancement of compensation.