DIVISIONAL CONTROLLER Vs. JAYSHREEBEN RATILAL SUTHAR

JUDGEMENT

(1.) The present First Appeal has been preferred by the appellant herein -original opponent no.2 -Gujarat State Road Transport Corporation challenging the impugned judgment and award passed by the learned Motor Accident Claim Tribunal, Ahmedabad (Rural) in MACP NO.820/2011 by which the learned tribunal has partly allowed the Claim Petition and has awarded a total sum of Rs.16,99,000/ - towards compensation for the death of the deceased Jayshreeben Ratilal Suthar with interest at the rate of 7.5% per annum from the date of Claim Petition till the date of realization.

(2.) The learned advocate appearing on behalf of the appellant has produced before the Court relevant evidence and the issue raised the present First Appeal is in a very narrow compass and on quantum. The present First Appeal is considered without calling for the Record and Proceedings of the case from the learned tribunal.

(3.) In a vehicular accident which took place on 21/03/2011 the deceased Jayshreeben Ratilal Suthar was going on Scooty, bearing registration No. GJ -1 -JA -2328 as a pillion rider and the Scooty was driven by her husband Ratilal Suthar. The S.T. Bus which was driven by original opponent no.1 came in full speed and dashed on the back side of the Scooty due to which deceased Jayshreeben Ratilal Suthar received severe injuries and died during medical treatment. The deceased at the relevant time was serving in Navrangpur Post Office and was earning Rs.23,000/ - per month and, therefore, the original claimants filed Claim Petition claiming Rs.35 lakhs towards compensation under different heads.