KARUNABEN Vs. SAIYAD LUKMAN SAIYAD USMAN

JUDGEMENT

(1.) The present First Appeal, under Sec. 173 of the Motor Vehicles Act, 1988, is preferred by the appellant/s 'original claimant/s ' the parents and brother being the legal heirs of the deceased ' Komal @ Sweety, being aggrieved and dissatisfied with the impugned common judgment and award dtd. 19/1/2019 passed by the Motor Accident Claims Tribunal (Aux.), Surat in Motor Accident Claim Petition No.1076 of 2000, by which the Tribunal has awarded compensation of Rs.1,50,000.00 with 9% per annum interest to the claimant/s, holding Opponents No.1 to 5 i.e. driver, owner and insurance company of the Truck bearing registration No.GJ-5-T -3237 and owner and insurance company of Tempo Traveller No.MH-18-H-393, respectively, liable, jointly and severally.

(2.) Brief facts of the case are as under:

(3.) Learned advocate Mr.Hakim for the appellant/s - claimant/s has submitted that the Tribunal has committed an error in not properly calculating the amount of compensation. He has submitted that amount of award is on lower side as the Tribunal has not properly considered the various aspects; like prospective income of the deceased, negligence, liability and family circumstances, etc. He has submitted that the deceased was aged about only 12 years at the time of accident. He has relied upon the decision of the Hon'ble Apex Court in the case of Kishan Gopal versus Lala and others reported in 2013 ACJ 2594 (SC) as well as in the case of Meena Devi versus Nanu Chand Mato and others reported in 2022 ACJ 2478 (SC). He has submitted that as per the said decisions, the claimants would be entitled to get compensation of Rs.5.00 lakhs in all.