THAKOR KAILASHBEN RAWAJI Vs. LAKKHASINGH SISASINGH SARA

JUDGEMENT

(1.) This appeal has been preferred by the original claimants against the judgment and award dated 27.12.2006 passed by the learned Motor Accident Claims Tribunal (Aux.), Mehsana, in Motor Accident Claim Petition No. 529 of 2004, wherein the learned Tribunal has awarded compensation of Rs. 2,51,000/.

(2.) By way of preferring the present appeal, the appellant original claimants have, inter alia, contended that the learned Tribunal has notionally considered the income of the deceased to be Rs. 1,200/per month whereas as per the salary certificate at Exh:24, the deceased used to earn Rs. 2,500/per month, therefore, the learned Tribunal has not properly awarded the amount of compensation to the heirs and legal representatives of the deceased. It is also contended that the learned Tribunal has adopted a very conservative view while assessing the income of the deceased. It is therefore, requested to enhance the amount of compensation.

(3.) The brief facts of the case are that on 9.4.2004 in the morning, deceased Thakor Kaduji Rawaji was riding bicycle and was going towards Rajkamal Petrol Pump and at that time, the opponent No. 1 came by driving truck bearing registration No.HR37B6145 at an excessive speed, rashly and negligently and dashed with the deceased who was riding bicycle and caused accident as a result of which deceased sustained grievous injuries and ultimately, the deceased succumbed to his injuries.