LAWS(GJH)-2016-1-277

DEVCHANDBHAI MOHANBHAI JOGIA Vs. YUSUF ABUBHAI SHAIKH

Decided On January 04, 2016
Devchandbhai Mohanbhai Jogia Appellant
V/S
Yusuf Abubhai Shaikh Respondents

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned judgment and award passed by the learned Motor Accident Claims Tribunal (Auxi.), Veraval, in M.A.C.P. No.840 of 1999 (Old M.A.C.P. No.161 of 1994) dated 29.3.2008 by which the learned Tribunal has awarded a total sum of Rs.3,18,000/- with interest at the rate of 9% per annum thereon from the date of claim petition till realization towards compensation to the claimants, the appellants - original claimants have preferred present appeal to enhance the amount of compensation.

(2.) At the outset, it is required to be noted that it is an admitted position that the deceased Devchand Mohanbhai Jogiya died in a vehicular accident, which occurred due to sole negligence on the part of the original opponent No.1 - driver of the Truck involved in the accident. That by impugned judgment and award, the learned Tribunal has awarded a total sum of Rs.3,18,000/- towards the compensation for the death of deceased, under the different heads as under :

(3.) Feeling aggrieved and dissatisfied with the impugned judgment and award passed by the learned Tribunal, the original claimants have preferred present First Appeal to enhance the amount of compensation.