PATEL DAXABEN RAJNIKANT Vs. PRAKASHKUMAR NARPATSINH DODIYA

JUDGEMENT

(1.) THE present appeal is directed against the judgment and the award passed by the learned Tribunal in M.A.C.P. No.455 of 2005 whereby the Tribunal has awarded compensation of Rs.16,01,000/with the interest at the rate of 9% per annum.

(2.) THE short facts of the case are that on 20.3.2005 at about 18:30 hours on Ankleshwar Hansot road when the deceased Rajnikant Laxmidas Patel was going with his tractor bearing No.GJ16R8456 at that time one TataSumo vehicle came from Hansot side, as a result thereof the tractor was off the road and the deceased lost the control over the steering of the tractor, dashed with the tree and the deceased sustained injuries and ultimately he succumbed to the injuries. The claim petition was filed by the dependent members of the family of the deceased for compensation of Rs.70,54,381/being M.A.C.P. No.455 of 2005 before the Tribunal. The Tribunal at the conclusion of the petition passed the above referred judgment and the award. Under the circumstances the present appeal before this Court.

(3.) AS such it is an admitted position that so far as respondent No.3 Insurance Company is concerned, it has not challenged the award passed by the Tribunal on the aspect of negligence held to the driver of the insured vehicle TataSumo and hence no discussion would be required on the said aspect. It is only the original claimants appellants, who were dissatisfied with the award of the Tribunal, have preferred present appeal for enhancement of the compensation. Hence the only aspect to be considered is the quantum of compensation awarded by the Tribunal and whether it calls for enhancement of compensation or not.