MAGANBHAI GOVINDBHAI KATARIYA Vs. MUKESHBHAI BHIKHABHAI RATHOD

JUDGEMENT

(1.) THIS appeal arises out of a judgment and award rendered by Motor Accident claims Tribunal (Aux.) and F. T. C. No. 3, bharuch, in Motor Accident Claim Petition no. 432 of 2005. The claim application arose out of an accident that occurred on 16th April, 2005, at about 18. 00 hours on national Highway No. 8, near G. I. D. C. Estate, Panoli. The vehicles involved were motorcycle No. GJ-5-J 5795 and Luxury bus No. GJ-16-U 0027. One Ashokkumar maganbhai Katariya and his wife, meenakshiben, were proceeding from kosamba to Bharuch side on the said motorcycle. The luxury bus came from behind and hit them. Because of the impact, both the riders were thrown off the motorcycle and were crushed to death under the bus.

(2.) THE claimants claimed Rs. 19,00,000/-as compensation for the death of Ashokbhai and Rs. 4,50,000/- as compensation for the death of Meenakshiben.

(3.) THE claimants challenged the award only on quantum aspect on the ground that the Tribunal has not considered the prospective rise in income of the deceased and has awarded compensation only on the basis of the income of the deceased at the time of his death, that too, after deducting certain allowances, which could not have been deducted by the Tribunal. Since the only question involved was that of quantum, at the time of admitting the appeal, notice for final disposal was issued and that is how the matter is heard by us finally today.