ORIENTAL INSURANCE COMPANY LTD. Vs. NAMDEV DHANUJI JAGTAP

JUDGEMENT

(1.) The present appeal is filed against the impugned judgment and award dtd. 22/4/2014 passed by the Motor Accident Claims Tribunal (Auxi), City Civil & Sessions Court, Ahmedabad in Motor Accident Claim Petition No.813 of 2003, whereby the learned Tribunal has awarded a sum of Rs.7,60,000.00 as a compensation along with the interest at the rate of 9% per anuum from the date of filing of the claim petition till the date of realization.

(2.) The original claimants have also filed the captioned Cross-objection for the enhancement of compensation.

(3.) The succinct facts leading to file the present appeal and Cross-objection are that on 16/1/2003 deceased Rahulbhai was going from Palanpur to Ahmedabad by driving Tempo bearing registration No.GJ-1-TT-9663 and when he was passing from Palanpur Highway near Bharkavada Sim, in the meantime, the respondent No.1 came by driving his truck bearing registration No.RJ-19-G-4100 in a rash and negligent manner at an excessive speed so as to endanger the human life and hit the Tempo of the deceased Rahulbhai. In the said accident, Rahulbhai succumbed to the injuries. It is also the case of the claimants before the learned Tribunal that at the time of accident, the deceased was aged about 24 years and was earning Rs.3,000.00 per month and an incentive of Rs.50.00 per day. Hence, they claimed the compensation of Rs.10,00,000.00 with interest.