JAYANTIBHAI HARIBHAI Vs. NARANBHAI DEVABHAI TADVI

JUDGEMENT

(1.) BEFORE the effective hearing of this appeal, the learned Counsel for the appellant sought permission to reduce the claim in appeal to Rs. 17,000/- instead of Rs. 27,000/-. The permission is granted. Accordingly, the claim in appeal is restricted to the amount of Rs. 17,000/-. We have also permitted him to amend the claim in this appeal.

(2.) THIS appeal arises out of Motor Accident Claim Application No. 591 of 1983. This application arose out of an accident which occurred on 11-1-1982 in the sim of village Jamala on Jamala Chhota Udepur Road. There were several claim petitions and all were consolidated and evidence was recorded in claim petition judgment. The truck involved in the accident was GTB 6564. The said truck was coming from Kanawat Mines to Chhota Udepur. The excavated stones from Kanawat Mines were loaded in the truck and the accident occurred in the sim of village Vasedi on Jamala Chhota Udepur Road. It is alleged that Bai Shamali, Bai Hid and Bai Shanta who were returning after collecting fuel wood were standing by the road side and they were knocked down by the said truck. Bai Shanta and Bai Hiri were crushed under the stones, with the result that they died on the spot. The present claim petition was filed by the husband of Bai Hiri, being' claim petition No. 591 of 1983 for compensation on account of the death of Bai Hiri. The claim that was made was for Rs. 50,000/- as compensation for loss of dependency benefit and for loss of income.

(3.) ON the first issue, the finding is in the affirmative and so far as the claim for compensation is concerned, an amount of Rs. 23,000/- has been awarded as compensation to the claimant. The claimant has filed the present appeal claiming the balance of the amount of Rs. 27,000/- towards the additional compensation.