ORIENTAL INSURANCE CO. LTD Vs. JIVABHAI MEGHJIBHAI

JUDGEMENT

(1.) THE present appeal is directed against the judgment and award passed by the Tribunal in MACP No.485/98 whereby the Tribunal has awarded compensation of Rs.8,63,753/ with the interest at the rate of 7.5% per annum to the original claimants.

(2.) THE short facts are that one Bhagwanji Odhavjibhai Parmar was going with his father on Luna bearing No.GJ10C7580 for discharging the duty to Hapa Railway Station and at about 22:30 O'clock near Old Mental Hospital, Truck bearing No.GJ10U8948 dashed with the Luna from the backside and as a result thereof Bhagwanji sustained grievous injuries and ultimately succumbed to the injuries. Such gave rise to the claim petition being MACP No.485 of 1998 for compensation of Rs.30,00,000/.

(3.) WE have heard Mr.K.K.Nair, learned counsel appearing for the appellant and Ms.Paurami Sheth for the original claimants. Other respondents are served but none appears on their behalf.