RITABEN ALIAS VANITABEN Vs. AHMEDABAD MUNICIPAL TRANSPORT SERVICE

JUDGEMENT

(1.) The question which has come up for consideration in short in this appeal under Sec. 110-D of the Motor Vehicles Act, 1939 (old M. V. Act) challenging the legality and validity of the judgment and ward recorded in Motor Accident Claim Petition No. 70 of 1985, decided by Motor Accident Claims Tribunal I (Main), Ahmedabad, which is a part of a composite judgment rendered in MACP No. 12 of 1985 and MACP No. 70 of 1985.

(2.) A few material facts giving rise to this appeal may, shortly, be articulated so as to appreciate the merits of the appeal and challenge against it.

(3.) A road accident which occurred, on 11-12-1984, at about 10.30 P.M. took toll of the rider of the scoter, deceased Deepak Hariram. The appellants are the original claimants and respondents are the original opponents of the said claim petition. Two claim petitions came to be filed. Motor Accident Claim Petition No. 70 of 1985 came to be filed by the widow o the deceased for herself and as guardian of minor daughter of the deceased, whereas, MACP No. 12 of 1985 came to be filed by the parents of the deceased. The Tribunal decided both the claim petitions by a common judgment, whereby, the appellants/original opponents came to be directed to pay an amount of Rs. 38.440.00 in MACP No. 12 of 1985 and an amount of Rs. 97.840.00 in MACP No. 70 of 1985 by way of compensation for the untimely demise of deceased Deepak. Thus, the Tribunal awarded a total amount of Rs. 1,36,280 by way of compensation. The present appeal is directed against the judgment and award recorded in MACP No. 70 of 1985, whereby, the respondents have been directed to pay an amount of Rs. 97,840. The Tribunal has also directed to pay interest at the rate of 9% per annum from the date of the application till payment.