RAVJIBHAI HEMABHAI VAGHELA Vs. PRATAPBHAI DUNGANSINGH THAKKAR

JUDGEMENT

(1.) THIS appeal under section 173 of the Motor Vehicles Act is at the instance of the claimants - parents of the victim aged 24 years and is directed against the award dated 01 st January, 2005 passed by the M.A.C.Tribunal (Auxi.), Fast Track Court No.6, Nadiad in M.A.C.Petition No.1692 of 1995 thereby awarding a sum of Rs.2,53,620/ - with interest at the rate of 9% per annum from the date of filing of the application till realization.

(2.) BEING dissatisfied, the parents of the victim have come forward for enhancement of the claim.

(3.) THE Tribunal below, however, was of the view that the monthly income of the victim should be treated to be Rs.2000/ -. The Tribunal also found that there was 10% negligence on the part of the victim in the accident, as a result after arriving at a figure of Rs.2,81,800/ -. and thereafter, deducting 10%, the Tribunal came to the conclusion that claimants are entitled to get Rs.2,53,620/ -.