RITABEN BAKULESHBHAI JOSHI Vs. JAFAR IQUABAL KUDUSKHAN

JUDGEMENT

(1.) THIS appeal is filed by the original claimants seeking enhancement of the compensation awarded by the Motor Accident Claims Tribunal, Navsari, in Motor Accident Claim Petition No.107 of 1991.

(2.) THE brief facts are that one Bakulbhai, his sister Ushaben Pandya and Ushaben's daughter Rohini were travelling in their Maruti Fronty car going from Mumbai towards Navsari. Bakulbhai was driving the car. At about 6 O'clock in the evening, their car met with an accident with a tanker coming from opposite direction causing fatal injuries to Bakulbhai as well as Ushaben. Bakulbhai was running a Pathology Laboratory at the time of his death. He was aged about 40 years. Claimants, which included his widow, mother and two minor children, filed the above mentioned claim petition claiming compensation of Rs.43 lacs from the Insurance Company, driver and owner of the tanker involved in the accident.

(3.) BEFORE the Claims Tribunal, the claimants examined copassenger Rohini at Exh. 91, to establish the negligence of the driver of the tanker. Panchnama of the scene of the accident at Exh.47 was also relied upon. The claimants also produced the details of income of the deceased and other documents in order to establish his income.