LAWS(GJH)-2007-7-319

CHAURABEN KARSANBHAI Vs. DRIVER HARIJAN GOVIND MERAMAN

Decided On July 23, 2007
CHAURABEN KARSANBHAI Appellant
V/S
DRIVER HARIJAN GOVIND MERAMAN Respondents

JUDGEMENT

(1.) The appellants - widow, minor daughter and parents of the deceased Karsan, being partly aggrieved by the order/award dated 15th July, 1986 passed by the learned Motor Accident Claims Tribunal (Auxiliary), Junagadh in M.A.C.P. No.203 of 1994, are before this Court seeking enhancement in the compensation amount and further relief that this Court should hold that the Insurance Company is answerable to the award made in favour of the appellants-claimants.

(2.) The appellants have come to this Court with a submission that the deceased Karsan was working as a Cleaner on the truck belonging to Bhimji Virji and that on the fateful day, he was travelling in the truck as a Cleaner in discharge of his duties.

(3.) As the Insurance Company and other respondents have not filed any cross appeal or cross objections, it is not necessary for this Court to refer to the facts relating to the cause of the accident, rashness and negligence and liability of the driver. This Court shall confine itself to the question that whether the appellants are entitled to enhancement in the compensation with a direction that the Insurance Company is also answerable to the award made in their favour.