BHARTIBEN BIPINBHAI SONI Vs. MANAJI AMTHAJI THAKOR

JUDGEMENT

(1.) BEING aggrieved and dissatisfied with the impugned judgment and award passed by the learned Motor Accidents Claims Tribunal (Auxiliary) and Additional District Judge, Banaskantha, Palanpur (hereinafter referred to as the 'tribunal') dated 10/10/2012 in M.A.C.P No. 188/2002 by which the learned tribunal has awarded at total sum of Rs.9,07,170/ - to the appellants -original claimants towards compensation for the death of the deceased -Shri Bipinbhai Chimanlal Soni, the appellants herein -original claimants have preferred the present First Appeal to enhance the amount of compensation.

(2.) IN a vehicular accident, which took place on 23/12/2001 between the 'Moped' driven by the deceased Shri Bipinbhai Chimanlal Soni and one Jeep bearing No. GJ 1 BP 5826 driven by respondent no. 1 -original opponent no. 1, owned by respondent no. 2 -original opponent no. 2 and insured with respondent no. 3 -original opponent no. 3 -United India Insurance Company Ltd., the deceased sustained serious injuries and thereafter succumbed to injuries after a week. The deceased, at the relevant time, was doing the tuition work was aged 36 years. The appellants -original claimants filed the claim petition before the tribunal, being M.A.C.P. No.188/2002 for getting Rs.50 lakhs towards compensation under different heads for the death of the deceased -Shri Bipinbhai Chimanlal Shah. It was the case on behalf of the appellants -original claimants that the driver of the jeep, involved in the accident, was rash and negligent due to which the accident took place and the deceased died. It was also the case on behalf of the appellants -original claimants that from the coaching class since last two years, the income of deceased was Rs.60,000/ - per annum and the same has been increased periodically and for the Assessment Year 2001 -02 his income was more than Rs.1,00,000/ -. It was also the case on behalf of the appellantsoriginal claimants that for treatment they incurred the expenditure of Rs.1,25,000/ - and, therefore, it was requested to award the compensation of Rs.50,00,000/ - under different heads.

(3.) THE present First Appeal is opposed by Shri G.C. Mazmudar, learned advocate appearing on behalf of respondent no. 3 -original opponent no. 3 -Insurance Company.