RAJENDRAKUMAR KAPURJI MARVADI Vs. MAHENDRASINH AMARSINH

JUDGEMENT

(1.) In this First Appeal, challenge has been given to judgment and award dtd. 24/11/2017 passed by the Motor Accident Claims Tribunal (Auxi.), Mahisagar at Lunawada in MACP No.1670 of 2017 (Old MACP No.1508 of 2009) praying for enhancement of the compensation amount for the minor deceased aged about 15 years, who died in a vehicular accident on 27/5/2009.

(2.) The facts of the case suggest that the minor was going on bicycle in moderate speed on the side of road. At that time, opponent No.1 came by driving tempo No.RJ-06-G-4625 in rash and negligent manner with excessive speed and dashed from behind the minor cyclist. As a result, he sustained grievous injuries and succumbed to death. The learned Tribunal has granted compensation amount of Rs.1,42,500.00.

(3.) Learned Advocate Mr.Malik for the appellant submitted that the learned Tribunal ought to have followed the judgment of the Hon'ble Apex Court in case of Lata Wadhwa Vs. State of Bihar, reported in (2001) 8 SCC, 197 and in case of Kishan Gopal & Anr. Vs. Lala & Ors., reported in (2014) 1 SCC, 244, to grant the compensation.