HANUMANPAL DEVARAM SUTHAR Vs. HEMANT SHIVAJIRAO DHOMASE

JUDGEMENT

(1.) THIS appeal under Section 173 of the Motor Vehicles Act is at the instance of the claimants in a proceeding under Section 166 of the Motor Vehicles Act and is directed against an award dated 30th July 2003 passed by the Motor Accident Claims Tribunal (Auxiliary) at Vadodara, in Motor Accident Claims Petition No.1859 of 1995 thereby awarding a sum of Rs.1,27,200/ - as compensation for the death of the victim with interest at the rate of 9% p.a. from the date of filing of the application till realization.

(2.) BEING dissatisfied, the claimants, the father and the mother of the victim, have come up with the present appeal.

(3.) AFTER going through the materials on record, I find that on 9th September 1995, while the victim, a boy of 16 years, was travelling on a bicycle he was knocked down by the errant scooter while overtaking a rickshaw resulting in the death of the victim. According to the claim application, the victim was a carpenter by profession as his father was also a carpenter. It was asserted that the victim used to earn Rs.2,250/ - a month and, thus, a total claim of Rs.3 Lac was made.