MUKESH AMRUTBHAI PATEL Vs. KALABHAI MOTIBHAI DABHI

JUDGEMENT

(1.) As both the appeals arise from the common judgement and award passed by the Tribunal, they are being considered simultaneously.

(2.) Both the appeals are directed against the common judgement and award passed by the Tribunal in MACP No.1371 of 1993 and MACP No.1372 of 1993, whereby the Tribunal has awarded compensation of Rs.2,52,800/- and Rs.74,000/- respectively with the interest at the rate of 7.5% per annum.

(3.) The short facts of the case appears to be that on 22.5.1993, the deceased Amrutbhai Kalidas and injured Mangalbhai Somabhai Patel had gone to Vasad and when they reached Hanumanji Temple while returning as pedestrians, one truck bearing Registration No.GRT-6305 dashed with the deceased and the injured and as a result thereof, the deceased Amrutbhai sustained injuries and he succumbed to the injuries, whereas Patel Mangalbhai Somabhai sustained injuries and the left leg was required to be amputated. Two claim petitions were filed, one was preferred by the dependent family members of the deceased Amrutbhai being MACP No.1371 of 1993 for the compensation of Rs.25,00,000/- and another was filed by the Patel Mangalbhai Somabhai being MACP No.1372 of 1993 for the compensation of Rs.25,00,000/-. The Tribunal, at the conclusion of the proceedings, passed the above referred judgement and award. Under these circumstances, the present appeals before this Court.