BASIR KARIMBHAI DABGAR Vs. SIRAJ MAMADBHAI SHANDHI

JUDGEMENT

(1.) This appeal has been filed by the claimants seeking enhancement of compensation awarded by the Claims Tribunal in order dated 16.4.2009 passed in MACP No.214/2002.

(2.) Brief facts are that on 14.1.2002, deceased Imran aged about 15 years was travelling in a Chakdo rickshaw when this vehicle collided with a private travelling bus causing death of the young boy. His father, mother, two brothers and sister have filed the said claim petition seeking compensation of Rs.4 lacs from the driver, owner and insurer of both the vehicles.

(3.) The Claims Tribunal held the driver of both the vehicles equally negligent in causing the accident, computed compensation at Rs.1,62,500/­ and further provided that such compensation be recovered half from the driver, owner and the insurer of the bus and remaining half from the owner of the Chakdo rickshaw. Insurer of the Chakdo rickshaw was exonerated on the ground of breach of condition of policy. This award the claimants have challenged on various grounds.