SHANTABEN JAYANTILAL PATEL Vs. JAYRAMBHAI V BHARWAD

JUDGEMENT

(1.) The claimant so also the owner of the bus and master of the driver, being aggrieved by the award dtd.6/11/1987 made by the Motor Accident Claim Tribunal (Main), Nadiad in Motor Accident Claim Petition No.957 of 1984, are before this Court. The claimants are seeking enhancement in the compensation, while, the owner of the bus is seeking reduction in the compensation amount.

(2.) Deceased Girish son of Jayantilal Patel was a young boy of 28 years, he had gone to United State of America and stayed there for a period of three months, when he came back, he met with a fatal accident and died. The parents filed the claim petition seeking enhancement of compensation on the ground that the driver was rash and negligent and the owner would be vicariously liable. The opponents appeared before the tribunal and contested the matter on all possible counts. After recording the evidence and hearing the parties, the learned tribunal awarded a sum of Rs.75,000=00 in favour of the claimants. The claimants seek enhancement, while, the owner of the bus is seeking reduction. The owner of the bus has confined the claim to the tune of Rs.43,400=00, meaning thereby that they are not challenging rashness and negligence of the driver, accident and entitlement of the claimants.

(3.) From the side of the claimants, some evidence has been brought on the records to prove that the deceased was employed at 800 $ per month and was likely to get an increment of 50$ per month. According to the claimants, the deceased was employed with his own sister and the sister had proved the facts.