KAMALSHA HASAMSHAH SHAHMDAR Vs. RANJITBHAI BHIMABHAI KHACHAR

JUDGEMENT

(1.) Being dissatisfied with the quantum of compensation, awarded by the MACT(Aux.) Rajkot, the appellant original claimants have filed this present appeal seeking enhancement of compensation.

(2.) The appellants are legal heirs and representatives of deceased Kamalasha Hasamshah Shamdar, who died in a road accident that allegedly took place on 15/3/2005. The deceased was paid driver and on duty with the Truck No.GTY-4601. At the relevant time, when he was on duty, the motor vechicular accident, occurred between the truck and the tanker No.MH- 4F-7259. The deceased being a driver of the truck, sustained fatal injuries and died on the spot. The claimants filed a claim petition being registered No.440 of 2005 before the Rajkot Tribunal. After considering the stand of the both the Insurance Company respondent herein, the Tribunal came to the conclusion that the deceased had contributed towards the accident to the extent of 30% and 70% negligence was fixed on the driver of the said tanker. So far as compensation is concerned, the Tribunal, after considering age as 55 and taking into account Rs.2500.00 per month income awarded Rs.1,50,000.00 towards dependency loss and also awarded Rs.20,000.00 towards conventional amount and Rs.2000.00 awarded as a funeral expenses. After deducting 30% the total amount of compensation of Rs.1,20,400.00 was being awarded vide award and judgement dtd. 27/2/2007.

(3.) Being dissatisfied with the award and judgement, joining the owners and insurance companies of both the vehicles, the claimants have preferred this appeal under Sec. 173 of the Motor Vehicles Act, 1998.