MEHMOODABIBI KASAMMIYA SHAIKH Vs. DIPAKBHAI NARSIBHAI RATHOD

JUDGEMENT

(1.) THIS appeal has been filed by the original claimants under Sec.173 of the Motor Vehicles Act, 1988 being aggrieved and dissatisfied with the judgment and award dated 24-3-2000 passed by the Motor Accidents Claims Tribunal, Ahmedabad City, in MACP No.1385 of 1995 whereby the Tribunal has awarded compensation of Rs.1,36,800/- with interest at the rate of 10% per annum to be paid by the opponents jointly and severally from the date of petition till realisation and with proportionate cost.

(2.) CLAIM petition was filed by the widow and heirs and legal representatives of the deceased Kasammiya Chotumiya claiming Rs.5,00,000/- as compensation for his death which is alleged to have been caused in an accident which took place on 12-5-1995 when the scooter driven by the deceased was coming from Vasna to Ahmedabad City was dashed by Car coming from opposite direction driven rashly and negligently. After hearing the parties and considering the oral as well as documentary evidence, the Tribunal awarded compensation as stated above which is giving rise to the present appeal by the original claimants for enhancement.

(3.) IT is submitted by Mr.Shah that the tribunal has committed error in awarding compensation by assessing income of Rs.4,000/- per month but no prospective income has been assessed by the tribunal. It is further submitted that under the head of loss to estate, the tribunal has awarded Rs.10,000/- and an amount of Rs.5,000/- was awarded towards loss of consortium which is on the lower side and by that the tribunal has committed error.