RASHMIKANT GOPALDAS SHAH Vs. UMASHANKER JAGANNATHPRASAD DUBEY

JUDGEMENT

(1.) The parents of Mitesh, who died in a motor vehicle accident at the age of 30 years have filed this appeal under Section 173 of the Motor Vehicles Act, against the judgment and award dated 6.8.2002 passed by the M.A.C.T.(Auxi.), Panchmahals at Godhra in M.A.C.Petition No.801 of 1996 for enhancement of the compensation amount of only Rs.1,34,500/- awarded by the Tribunal with interest at the rate of 9% per annum from the date of the application till the deposit with proportionate costs thereon.

(2.) The facts giving rise to this appeal are as under:-

(3.) Mr.Ashutosh R.Bhatt, learned advocate for the appellants has contended that, at the relevant time of the accident, original claim petition as amended to state that the deceased was earning Rs.3,500/- to Rs.4,000/- per month and he was likely to earn more in future, the father of deceased also deposed before tribunal in support of the said case and the Insurance Company neither filed reply to the claim petition nor cross-examined the father of the deceased and, therefore, the contention that income of deceased was Rs.3,500/- to Rs.4,000/- per month has gone unchallenged. As the insurance company has not filed written statement nor cross-examined the claimant, the Court should accept the claimants case.