AHMEDABAD MUNICIPAL CORPORATION Vs. AMINABIBI

JUDGEMENT

(1.) THIS appeal under Section 110-D of the Motor Vehicles Act, 1939 preferred by the Ahmedabad Municipal Corporation and its Transport Manager (original opponents Nos. 1 and 2) is directed against the award dated Sept. 3, 1973, made by the Motor Accident Claims Tribunal 1-A, Ahmedabad (hereinafter referred to as 'the Tribunal') in Motor Accident Claims Tribunal No. l-A/5 of 1973. Under the impugned award, respondents Nos. 1 and 4 to 7 (original applicants Nos. 1 and 4 to 7) have been held entitled to compensation in the sum of Rs. 49,500/- with interest thereon at the rate of 6% per annum from the date of the application till payment or realization. The said respondents were also held entitled to full costs of the claim application. Three out of the respondents, namely, respondents Nos. 5, 6 and 7 being minors, a sum of Rs. 21,000/-out of the awarded amount (Rs. 7000/- for each minor) was directed to be invested in the names of the minors in Government securities or in fixed deposits with the State Bank of India, Ahmedabad. The amount apportioned in favour of each minor was directed to be paid to him/her on the concerned minor attaining majority. In the meantime, the first respondent (mother) was held entitled to receive profit or interest earned on the securities or fixed deposits, as the case may be, since she was maintaining the minors. The claim in this appeal is restricted to Rs. 20,000/ -.

(2.) THE accident giving rise to the claim application occurred on July 21, 1972 between 6 and 6-30 A. M. on the road from Delhi Darwaja to Gandhi Bridge. The deceased Nanumiya Ismailmiya, who was at the material time aged about 59 and was serving in the Tata Advance Mills, was proceeding from Gandhi Bridge side to Delhi Darwaja side. At that time A, M- T. S. bus bearing No. GTA. 8467 running on 86/1 route and driven by respondent No. 8 (original opponent No. 3) came from the opposite direction, that is to say, from the Delhi Darwaja side and knocked down the deceased. The deceased, who received serious injuries on the head, was immediately removed to the Civil Hospital at Ahmedabad where he expired at about 7-30 A. M.

(3.) THE present application came to be filed thereafter by respondents Nos. 1 to 7 and in the said claim application, compensation in the total sum of Rs. 50,000/- was claimed under the following heads; Rs. 2,000/-: Medical and other incidental ex-penses and pain and sufferingto the members of the family. Rs. 12,000/- : Pecuniary loss up to the date ofprobable retirement. Rs. 35,000/- : Pecuniary loss from and after thedate of retirement. Rs. 5,000/-: Pain and suffering. __________ Rs. 54,000/- : Though on the aforesaid basis, the claimants would have been entitled to compensation in the sum of Rs. 54000/-, the claim in the application was restricted to Rs, 50,000/ -.