YASODHARABEN VINUBHAI PATEL Vs. DULABHAI BHIKHABHAI MER

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned judgment and award passed by the learned Motor Accident Claims Tribunal (Auxi.), Ahmedabad (Rural) [hereinafter referred to as "Tribunal"] in Motor Accident Claim Petition No.1692/1993 by which the learned Tribunal has awarded a total sum of Rs.8,74,800/ along with 9% interest thereon from the date of application till realization, towards compensation for the death of deceased Vinubhai, the appellant herein ­ original claimant ­ widow of the deceased has preferred the present First Appeal to enhance the amount of compensation awarded by the learned Tribunal.

(2.) In a vehicular accident which took occurred / took place on 08.08.1993 at about 1.00 p.m. on Jetalpur ­ Bareja National Highway No.8 between Scooter No.GJ1S3003 which at the relevant time was being driven by the deceased Vinubhai and one Truck No.GJ11T7907 which at the relevant time was being driven by the original opponent No.1, deceased Vinubhai died. Therefore, the widow of the deceased filed the aforesaid claim petition before the learned Tribunal initially claiming a total sum of Rs.9 lac towards compensation for the death of the deceased which subsequently was enhanced to Rs.18 lac.

(3.) Shri Hiren Modi, learned advocate appearing on behalf of the appellant ­ original claimant has vehemently submitted that the learned Tribunal has materially erred in awarding Rs.8,38,800/ only under the head of future economic loss and/or loss of dependency.