MORARBHAI HARIBHAI VASAVA Vs. BABUBHAI DHIRUBHAI KHANT

JUDGEMENT

(1.) THIS appeal has been filed by the claimants, who are parents of the deceased, under Sec.173 of the Motor Vehicles Act, 1988 being aggrieved and dissatisfied with the apportionment of compensation awarded by the Motor Accidents Claims Tribunal (Main), Gandhinagar, in MACP No.196 of 2002 vide judgment and award dated 29 -6 -2007 whereby the Tribunal has awarded compensation of Rs.2,15,000/ - with interest at the rate of 7.5% per annum to be paid by the original opponent Nos.2 and 3 to the original claimants(present appellants) to the extent of 50% and to the original opponent No.4 - wife of the deceased to the extent of 50% from the date of petition till realisation and with proportionate cost.

(2.) THE claim petition was filed by the parents of the deceased Rameshbhai Morarbhai Vasava claiming Rs.2,00,000/ - as compensation for his death which is alleged to have been caused in an accident which took place on 12 -4 -1991 at about 6.00 a.m. when the truck No.GJ -7T -6675 in which the deceased was sitting as a conductor turned turtle causing fatal injuries to the deceased. Upon issuance of summons and after hearing the learned counsel for the parties and considering oral as well as documentary evidence on record, the Tribunal awarded compensation to the extent of 50% to the parents of the deceased (original claimants) and 50% to the wife of the deceased (original opponent No.4) . Being aggrieved with the said apportionment, present appeal has been preferred by the original claimants.

(3.) IT is submitted by Ms.Sneha Joshi that wife of the deceased got remarried and, therefore, present appellants, who are parents, are entitled to get more share of compensation.