AMTS Vs. MINAKSHIBEN WD/O GHANSHYAMBHAI PARSOTTAMDAS THAKKAR

JUDGEMENT

(1.) This appeal under section 173 of the Motor Vehicles Act is at the instance of the appellant - owner of the offending vehicle in a proceedings under section 166 of the Motor Vehicle Act and is directed against the award dated 15th November, 2006 passed by the Presiding Officer, Fast Track Court No.2, Ahmedabad (Rural) in Motor Accident Claim Petition No.401 of 2000 thereby awarding a sum of Rs.2,63,000/- with interest at the rate of 7.5% per annum from the date of filing of the application till realization.

(2.) It appears from the record that the accident occurred on 19th February, 2000. According to the claim application, when the victim was crossing the road, a bus of route number 36 of Ahmedabad Municipal Transport Service (A.M.T.S.) came in a rash and negligent manner and had dashed the victim and thereafter, fled away. The victim died, as a result of said accident, in the hospital. A complaint was lodged by the elder brother of the victim and on the basis of such complaint, a criminal case was initiated against the driver.

(3.) According to the claim application, the income of the victim was Rs.5000/- a month and he used to work under two different employers on part time basis. The deceased left his wife and two children. Consequently, the total amount of Rs.7,50,000/- was claimed as compensation.