PRABHUDASBHAI SHANTILAL SUCHAK Vs. BANNALAL SHRIRAM MALI

JUDGEMENT

(1.) THIS appeal is filed by the original claimants of Motor Accident Claim Petition No.373 of 2000 against the judgment and award dated 2.9.2006 rendered by the Claims Tribunal, Junagadh whereby they are seeking enhancement of the amount of compensation. Brief facts of the present case are as under: On 6.7.99, at about 4.30 am in the early morning one Prabhudas Shantilal Suchak with his driver Kathalbhai Virabhai started their journey from Junagadh to Gandhingar in a Maruti Zen car of the ownership of Prabhudas Suchak. When the said car was near Gondal, one truck came from opposite side with full light. At that time, the zen car dashed with a heavy truck, parked on the road, without tail light or parking signals. Proper precautions were also not taken by the driver of the heavy truck after parking the said truck on the road. In the said accident, Prabhudas Suchak and Kathabhai Virabhai died. Legal heirs of Prabhudas Suchak filed Claim Petition No.373 of 2000, whereas legal heirs of Kathalbhai Virabhai filed Claim Petition No.645 of 2000. Both the aforesaid cases were heard together.

(2.) IN the claim petition filed by the legal heirs of Prabhudas Suchak, it has been stated that the age of the deceased was 57 years at the time of the accident. He was carrying on business in the name of Jalaram Oil Mills since last 30 years and was earning Rs.50,000/ - per month. He was also a member of the Executive Committee of Saurashtra Oil Mills Association. He had recently started a firm in the name of Boni Proteins and claimed Rs.25,00,000/ - by way of compensation from the opponents.

(3.) THE Insurance Company of the heavy truck bearing registration No.GJ -1 -TT -7611 filed objections Ex.15 and denied its liability. The claimants produced documentary evidence, namely, chargesheet at Ex.34, driving licence of Kathalbhai Virabhai at Ex.35, FIR at Ex.36, Panchnama at Ex.37, PM note at Ex.38, inquest panchnama at Ex.39 and birth certificate of the deceased Prabhudas Suchak, Ex.43. The claimants also produced the income tax returns for the period between 1997 -98 to 1999 -2000 at Exs.48 to 53. Claimants examined Kishorkumar Pradhudas Suchak, Ex.47 whereas the Insurance Company had not examined the driver of the truck.