NASIMBANU Vs. RAMJIBHAI BACHUBHAI AHIR

JUDGEMENT

(1.) Two appeals (First Appeal No.407 of 1998 - Nasimbanu, widow of Sirajuddin Amruddin Kazi and others v. Ramjibhai Bachubhai Ahir and others, for enhancement of --------------------------------------------------------- Whether reporters of Local Papers may be allowed to see the Judgment? compensation and First Appeal No.3656 of 1998 - The New India Assurance Company Limited v. Nasimbanu, widow of Sirajuddin Amruddin Kaji and others, for setting aside the award dated 30.8.1997 passed by the MACT, Kheda at Nadiad - MACP No.372/88) are proposed to be disposed of by this judgment.

(2.) Shortly stated, Sirajuddin Amruddin Kazi (deceased) was driver of Tanker bearing Registration No.GTB-6374 of Kavina Transport Company owned by Ramjibhai Hirabhai Ahir (respondent-2 in FA 407/98) and insured with the New India Assurance Company Limited. Accident took place on 23.12.1987 at Boriyavi village when deceased was going from Ahmedabad to Vadodara and the offending vehicle Truck bearing Registration No.GQY-4478, driven by Ramjibhai Bachubhai Ahir (respondent-1 in FA 407/98) dashed against the tanker driven by Sirajuddin Amruddin Kazi. As a result of this accident, deceased (33) died leaving behind the claimants Nasimbanu (widow) and two minor children Sadiq Sirajuddin Kazi and Shabana Sirajuddin Kazi. Claim for compensation of Rs.3,50,000/= with interest is made. Allegation is that the offending vehicle was driven rashly and negligently, otherwise, accident could not have taken place. Deceased was the sole bread winner for the family and after his death, family is facing starvation.

(3.) Owner of the offending vehicle did not file written statement nor appeared before the Claims Tribunal. Contesting opponent is Insurance Company with which the offending truck was insured. This opponent has not admitted facts, therefore, denied the claim. Consequently, the Claims Tribunal framed issues on 29.6.1996, sought evidence and decided that allegations were sustainable. Accident had taken place in which deceased died leaving behind the claimants. They have been held entitled to compensation of Rs.2,12,000/= carrying interest at the rate of 12% p.a. with effect from 7.2.1997. Against this award, both the parties have filed appeals. Claimants seeking more compensation and Insurance Company praying for setting aside the award.