AMBALAL PARSHOTTAMBHAI KATARIA Vs. JASHWANTKUMAR CHIMANLAL BHATT

JUDGEMENT

(1.) HEARD learned Advocate Mr. Mirza for Mr. Marshal, learned Advocate for appellant. In this appeal, appellant has challenged award made by claims tribunal, Surat in Claim Petition No. 309/83 dated 18th May, 1984 and has prayed for enhancement of compensation of Rs. 46,000. 00. Total compensation prayed for by claimant was Rs. 85000. 00 out of which, claims tribunal awarded Rs. 39,000. 00 with interest thereon at the rate of 6 per cent per annum in favour of claimant.

(2.) IT is necessary to note that from one accident, two claims petitions were filed by respective claimants, one of which was MACP NO. 616 of 1982 and another one is MACP NO. 309 of 1983. This appeal is arising from award made in MACP NO. 309 of 1983. Both claim petitions were decided by common award. Award made in MACP NO. 616 of 1982 was challenged by claimants concerned by filing First Appeal No. 606 of 1982. In First Appeal NO. 606 of 1982 also, appellant claimant was challenging very same common award passed by claims tribunal. In First Appeal No. 606/85, Rs. 34,000. 00 were awarded by claims tribunal with interest thereon at the rate of 6 per cent per annum. In respect of one accident, two claim petitions were filed by respective claimants claiming compensation from respondents. Insurance Company was exonerated by claims tribunal on the ground that at the time of accident, driver of truck was not possessing valid licence. Claims tribunal has held this negligence of truck driver because truck had dashed with ST Bus from rear side of bus which resulted into injury to certain passengers.

(3.) PRESENT appellant is driver of ST Bus and employee of ST Corporation who had received serious injury and Rs. 85000. 00 were claimed which were not allowed but Rs. 39000. 00 were allowed. Therefore, this enhancement appeal has been filed by claimant.