GAFURBHAI HUSSAINBHAI SHAIKH Vs. YUSUF IBRAHIM PATEL

JUDGEMENT

(1.) THE appellant Gafurbhai Hussainbhai Shaikh was injured in a motor vehicle accident that took place on 28-8-1976 at about 11 a.m. near the Narmada river bridge at Bharuch. He filed M.A.C. application No. 106 of 1977 claiming Rs. 60,000/- as compensation to him. Being dissatisfied with the award of the learned Tribunal disallowing the claim in excess of Rs. 51,200/-, the present appeal has been filed by him.

(2.) THE learned advocate Miss. V.P. Shah appears for the appellant, while the learned advocate Mr. S.N. Soparkar for Mr. S.B. Vakil appears for respondent No. 3 Insurance Co.

(3.) AS result of the aforesaid discussion, the appeal is allowed, the respondents are directed to pay additional amount of Rs. 8,800/- as compensation to the appellant over and above the amount awarded by the tribunal together with the costs of this appeal and proportionate costs of the tribunal on the excess claim and also interest on Rs. 8800/- at 6 per cent per annum from the date of the application till realisation 50% of this additional amount awarded in this appeal to be paid in cash to the appellant, while the rest of the amount to invested in a nationalised bank on the same terms as directed by the learned Tribunal while directing investment of the amount of compensation awarded by the tribunal.