SHARDABEN LALJI Vs. IBRAHIMBHAI TAIYABBHAI SANDHI

JUDGEMENT

(1.) This Appeal preferred under Section 173 of the Motor Vehicles Act, 1988 by the claimants in Motor Accident Claim Petition No. 127 of 1989 arises from the judgment and award dated 26th September, 2000 passed by the Motor Accidents Claims Tribunal, Junagadh [hereinafter referred to as "the Tribunal"]. By impugned Award, the claimants have been awarded compensation in the sum of Rs. 3,52,000/- with interest at the rate of 6% per annum and the proportionate cost. The liability of the respondent no.3-Insurance Company, the insurer of the offending vehicle, has been confined to Rs. 1,50,000//-.

(2.) On 16th January, 1989 at around 7.30 in the evening, the deceased Laljibhai Kanjibhai along with pillion rider Muljibhai Jerambhai was travelling on a motorcycle bearing registration no. GAJ 7561 on Junagadh-Bhesan Road. On the way to Bhesan, he met with an accident with a tractor-trailer; the tractor bearing registration no.GAJ 7561 and the trailer bearing registration no. GTW 6183. The deceased and the pillion rider fell of the motorcycle. The deceased received head injuries and died on the spot. The claimants widow of the deceased, 5 minor children, a minor brother and a minor sister filed the above referred Motor Accident Claim Petition No. 127 of 1989 in the Tribunal. The claimants asked for compensation in the sum of Rs. 30,00,000/-. According to the claimants, the deceased was 31 years of age and had 5 minor children in the age group of 10 to 2 years. The claimants no. 7 and 8, the minor brother and minor sister of the deceased were dependent upon the deceased. The deceased owned 8 Acres and 10 Gunthas of agricultural lands situated at Bhesan and village Khamdhrol. He cultivated the said lands personally and under personal supervision. Besides, he had business in detonators and explosives in partnership in which the deceased had one half share. The approximate monthly income of the deceased was Rs. 6,400/-.

(3.) The claim was contested by the respondent no. 3-Insurance Company by written statement exh.15. According to the Insurance Company, the claim made by the claimants was exaggerated. In any view of the matter, the offending vehicle, the tractor-trailer being a goods vehicle, the liability of the Insurance Company was limited to Rs. 1,50,000/-.