LEGAL HEIRS OF DECEASED SURESH DUBEY, NILESHWARIDEVI SURESH & ANOTHER Vs. SUMANKUMAR NIRMAL BASU & ORS.

JUDGEMENT

(1.) The present appeal is directed against the judgement and award passed by the Tribunal in MACP No.528 of 2000, whereby the Tribunal has awarded compensation of Rs.13,38,216.00 with the interest at the rate of 7.5% per annum.

(2.) The short facts of the case appears to be that on 2.3.1999 at about 1.45 p.m., in the afternoon one Sumankumar Basu and his friend deceased Suresh Dubey were going on motorcycle Suzuki bearing Registration No.GJ-5-MM-321, wherein the deceased Suresh Dubey was pillion rider, from Tarsali to Vadodara city and when they reached near Mahadev Temple, he lost control over the motorcycle and the motorcycle dashed with the electric pole. Resultantly, they sustained injuries. Thereafter, deceased Suresh Dubey succumbed to the injuries. The claim petition was filed being MACP No.528 of 2000 for compensation of Rs. 35,00,000.00. The Tribunal, at the conclusion of the claim petition, passed the above referred judgement and award. Under these circumstances, the original claimant has preferred the present appeal for enhancement of compensation before this Court.

(3.) We have heard Mr.Hakim, learned Counsel for the appellant and Mr.Sandip Shah, learned Counsel for respondent No.3 - Insurance Company of the motorcycle, the main contesting party.