GULAM RAHIMUDDIN MALEK Vs. MANILAL MAKKANBHAI SOLANKI

JUDGEMENT

(1.) BY this first appeal, the appellant herein ­ original claimants have challenged the judgment and award dated 08.04.2002 passed by the learned M.A.C.Tribunal (Auxi.), Vadodara in M.A.C.P. No.1126 of 1993.

(2.) THE claim petition was filed by the claimants claiming compensation of Rs.1,50,000/ as their daughter died in vehicular accident which took place on 26.09.1992. It is the case of the original claimants that on 26.09.1992 the deceased was standing on Ajwa Road and she was waiting for S.T.Bus at the bus stand. At that time, driver of the S.T.Bus came at the bus stand where the passengers were boarding the bus and when the deceased had placed one foot on the bus at that time, driver of the S.T.Bus started the bus suddenly, as a result of which deceased was thrown away from the bus and sustained serious injuries on her head and she expired. The learned Tribunal after considering oral and documentary evidence by order dated 08.04.2002 partly allowed the claim petition of the appellant herein. Against the said award, the appellant ­ original claimants have preferred this appeal for enhancement of compensation.

(3.) IT is submitted by Ms.Patel, learned advocate for the respondent ­ S.T.Corporation that award passed by the Tribunal is just and proper and not required to be interfered by this Court. Therefore, it is requested to dismiss the appeal.