LAWS(GJH)-2007-9-77

MANGALBHAI BHIKHABHAI PRAJAPATI Vs. D S THAKKAR

Decided On September 03, 2007
MANGALBHAI BHIKHABHAI PRAJAPATI Appellant
V/S
D S THAKKAR Respondents

JUDGEMENT

(1.) The appellants-claimants, being partly aggrieved by the award dated 29th February, 1988 passed by the learned Motor Accident Claims Tribunal (Main), Narol, in M.A.C.P. No. 183 of 1983, are before this Court with a submission that they were entitled to some more amount in comparison to what has been awarded by the learned Tribunal below, therefore, this Court should interfere in the matter and enhance the amount.

(2.) As no cross appeal or cross objections has/have been filed by the other side, this Court is not required to enter into the question of rashness, negligence and liability of the respondents to pay the amount.

(3.) On the last date, Shri D. V. Parikh, learned Counsel for the appellants, appeared and submitted before the Court that the learned Tribunal below was unjustified in holding that the yearly income could be assessed at Rs.22,000/- only. He submitted that from the accounts books and future prospects of the deceased, it would clearly appear that he was minting money and was earning a good fortune. After taking me through the evidence, he submitted that the income from the transport business could not be less than Rs.3 Lakhs per year, while the income from the bricks business could also be more than Rs.3 Lakhs per year. He submitted that on the basis of such income, the learned Tribunal below should have assessed the dependency.