LAWS(GJH)-2005-2-68

RUKHSANA NASIRAHMED SAIYED Vs. MUKESHCHAND MAHESHCHAND AGRAWAL

Decided On February 09, 2005
RUKHSANA NASIRAHMED SAIYED Appellant
V/S
MUKESHCHAND MAHESHCHAND AGRAWAL Respondents

JUDGEMENT

(1.) This appeal is directed against the award made by the Motor Accident Claims Tribunal (Aux.) dated 7th October, 1998 in MACP No. 1096 of 1995.

(2.) The appellants, claimants are the legal heirs of Nazirahmed Saiyed (deceased) who died in the vehicular accident on June 3, 1995 when he was crushed by the offending truck bearing Registration No. GJ-1-V-3112 driven rashly and negligently by its driver. The deceased was trading in lending pceromaxes and cycle repairing. He was earning Rs.6500.00 out of the lending of petromaxes and Rs.2200.00 out of the business of cycle repairing and Rs.650/- by doing the work of vulcanizing punctures. Thus, the total monthly income of the deceased was Rs.9,400.00. At the time of accident, deceased was 37 years old. Total compensation of Rs.11,57,000.00 was claimed.

(3.) Opponent No.2 states that the claim is highly excessive and exaggerated, disproportionate looking to the settled principles of legislation. Claim as to the age, income and injuries is also disputed. After framing of issues and considering the evidence led thereon, the tribunal found that the accident took place due to the rash and negligent driving of the truck by its driver. Accordingly, compensation of Rs. 1,38,000.00 carrying interest at the rate of 15% p.a. from the date of the petition till the realization is awarded. Against this award, claimants have filed this appeal for enhancement.