GUDIBEN BIPINKUMAR THAKURDAS GUPTA Vs. GULAM ALIMAD SUNESHRA

JUDGEMENT

(1.) BY this first appeal, the appellants herein original claimants has challenged the judgment and award dated 30.07.2009 passed by the learned M.A.C.T.(Auxi), Patan in M.A.C.P. No.4368 of 2002 (old M.A.C.P. No. 627 of 2001)

(2.) ACCIDENT in question took place on 28.02.2001. The appellant was working as conductor of the truck No.GJ-2-T-8519 and he was travelling in the truck going from Ahmedabad to Mumbai. That on 28.02.2001 when the deceased had reached in the boundary of Kasa Police Station, Maharashtra at that time truck No.MH-14-3564 coming from Mumbai to Gujarat dashed with the truck of the deceased. Therefore, accident took place. On account of this, deceased died due to severe injuries. Therefore, the appellants herein filed claim petition for compensation of Rs.4,14,500/- from the respondents. The learned Tribunal after considering oral and documentary evidence by judgment dated 30.07.2009 partly allowed the claim petition of the appellant herein and awarded Rs.2,54,500/- as compensation with 7.5% interest. Against the said award, the appellants herein original claimants have preferred this appeal for enhancement of compensation.

(3.) THIS Court has gone through the judgment and award dated 30.07.2009 passed by the learned Tribunal together with oral as well as documentary evidence on record.