SUJATABEN VIJAYKUMAR SINHA Vs. VAJUBHAI MANGALBHAI VAZA

JUDGEMENT

(1.) Present appeal is preferred by the original claimants. They have requested to enhance the computation amount awarded by the Motor Accident Claims Tribunal, Junagadh, vide its judgment dated 09.03.2017 passed in MACP No. 173 of 2012.

(2.) Short facts of the case may be referred as under.

(3.) On 17.03.2012, husband of the appellant no.1 viz. Vijay kumar Sinha (hereinafter to be referred to as 'the deceased') was going to join his duty at night hours. While he was standing at Ambujanagar, between 9:30 hours to 10:30 hours and was waiting for the staff bus to pick up him leading to the factory. At that time, bus No.GJ11T1725 arrived for leaving the employees brought from Kodinar in the Ambujanagar Hospital compound and the driver of the bus suddenly taken the bus in reverse direction and dashed with the deceased. The deceased, as a result of dashing the bus, fallen down and sustained head injuries as the wheel of the bus had rolled over the abdomen of the deceased. He sustained fatal injuries and died on the spot. Therefore, the present appellants had prayed for the enhancement of the compensation of an unnatural death against the respondents by filing a petition before the Motor Accident Claims Tribunal, Junagadh, and prayed for compensation to the tune of Rs. 55,25,000/. The learned Judge considering the documentary as well as the oral evidences placed on record, was pleased to partly allow the Claim Petition of the present appellants/petitioners and awarded compensation of Rs. 30,70,845/- with interest at 9% per annum vide award dated 09.03.2017. Being dissatisfied with the award of the Tribunal dated 09.03.2017, the original claimantsthe appellants before this Court, have prayed for further compensation to the tune of Rs. 15,00,000/-.