BHANUMATIBEN NARAN Vs. RAJAKBHAI YAKUBBHAI MARWADI

JUDGEMENT

(1.) Present is an appeal against the award passed by the Motor Accident Claims Tribunal, Nadiad dated 14th August, 1981 in Motor Accident Claim Petition No.431 of 1979 awarding compensation of L 59,000/- to the appellants (original claimants) as against claim of L 2 Lacs. Since the Insurance Company has been exonerated from payment of this amount, the appellants have come in appeal.

(2.) Brief facts giving rise to this appeal are that the deceased Naranbhai being owner of the truck, was travelling along with driver in the said truck during the midnight while going from Veraval to Surat. When the truck came near the railway crossing near Village: Gamadi, on the way the truck skidded and it went off the road and fell in the ditch causing serious injuries on the person of Naranbhai. Naranbhai was taken to SSG Hospital, Baroda where he succumbed to his injuries on 18.5.1979. This mishap has resulted because of rash and negligent driving on part of the driver of the truck Rajakbhai Yakubbhai.

(3.) In the Claim Petition before the Tribunal, it was averred that the deceased was carrying on business of transport of goods in a partnership with another person. The net income of the deceased was L 10,000/- annually and after spending on his person, he was contributing L 7500/- towards family.