ASHWINSINH AND ORS. Vs. ABDULKHAIYUM ABDULGANI AND ORS.

JUDGEMENT

(1.) This appeal has been filed under section 173 of the Motor Vehicles Act, 1988 for enhancement of compensation awarded vide judgment and order dated 29.04.2011 passed by the learned Motor Accident Claims Tribunal (Aux.), Surendranagar in MACP No.309/1996 whereby, the appellants, original claimants, were awarded total compensation of Rs. 6,62,700/- along with interest at the rate of 7% per annum from the date of application till the framing of issues and thereafter, at the rate of 9% per annum from 15.02.2006 till the payment is made.

(2.) The facts in brief are that on 25.02.1996 at around 1800 hrs. while Ashwinsinh @ Harshveersinh Dilipsinh Jadeja was driving a Jeep bearing registration no.GJ-3-A-1212 on the Rajkot - Ahmedabad Highway, a public carrier bearing registration no. KA-272708, driven by respondent no.1 in a rash and negligent manner, dashed the Jeep near Village Sapar. At the time when the accident occurred, respondent no.4, who is the owner of the Jeep, was also travelling in the Jeep. In the said accident, Ashwinsinh sustained severe injuries and died on the spot.

(3.) The legal heirs of deceased filed claim petition before the Tribunal claiming total compensation of Rs. 36,00,000/-. After hearing both the sides, the Tribunal partly allowed the claim petition, by passing the impugned judgment and award. Hence, this appeal under section 173 of the Act.