FARIDABEN MALANGBHAI MANSURI Vs. HAJRABIBI GULAMMOHMAD SHEIKH

JUDGEMENT

(1.) THIS appeal is at the instance of the claimants in the proceeding under the Motor Vehicles Act and is directed against an award dated March 1, 2007 passed by the Motor Accident Claims Tribunal (Aux.) Vadodara in MAC Petition No.616 of 2004 thereby awarding a sum of Rs.1,98,000/- as compensation with interest at 8% per annum from the date of filing of application till realisation for the death of the victim. Being dissatisfied, the claimants have come up with the present appeal.

(2.) IT appears that the insurance company has accepted the award and has neither preferred any appeal nor any cross objection in this appeal. Therefore, the only question that arises for determination in this appeal is whether in the facts of the present case, the Tribunal was justified in awarding the said amount or whether the same requires enhancement. It is the finding of the learned Tribunal below that the victim was aged 50 years at the time of accident and that he was professional driver of an auto-rickshaw is also not in dispute.

(3.) IN the result, the appeal succeeds. The amount of compensation be enhanced to Rs.2,68,500/- with interest at the rate of 9% per annum from the date of filing of the application till payment. The insurance company is directed to deposit the excess amount pursuant to this order within two months from today. In the facts and circumstances, there will be, however, no order as to costs.