HEMLATA DILIP NAGRAJ SINDHA Vs. HASMUKHBHAI PRABHUDAS PATEL

JUDGEMENT

(1.) THIS appeal is at the instance of claimants in a proceeding under section 166 of the Motor Vehicles Act and is directed against an award dated 23rd August, 2005 passed by the Motor Accident Claim Tribunal (Main), Bharuch in MACP No.410 of 1993, thereby awarding a sum of Rs.3,77,884/- with interest at the rate of 12% per annum from the date of petition till November 1994 and thereafter, at the rate of 9% per annum till realization. Being dissatisfied, the claimants have preferred the present first appeal.

(2.) IT appears from the materials on record that the victim, aged 28 years, at the time of accident, was in the Gujarat Police Services and used to get salary of Rs.1877/- a month. The Tribunal below, on consideration of the materials on record held that the driver of one of the offending vehicles involved was solely responsible and directed the owner and the insurer of that vehicle to pay the amount by exonerating the owner of the other vehicle and the insurer thereof.

(3.) THEREFORE , the sole question that arises for determination in this appeal is whether the Tribunal below was justified in awarding the aforesaid amount as compensation. In other words, this appeal is preferred by the claimants for enhancement of the amount.