ORIENTAL INSURANCE CO.LTD Vs. PUSHPALATA SHYAMSUNDER KEJARIWAL

JUDGEMENT

(1.) The present appellant, who is the original opponent No. 2 in Motor Accident Claim Petition No. 669 of 1989 filed under Section 166 of the Motor Vehicles Act, 1988 (MV Act) by the legal heirs of the deceased, has filed this appeal challenging the judgment and award dated 08.04.2002 passed by the learned Motor Accident Claims Tribunal (Main), Ahmedabad (Rural) (for brevity, 'the Tribunal'), whereby, the learned Tribunal has passed an award of Rs.8,14,000/- together with proportionate costs and interest @ 12% per annum from the date of petition till realization from the opponents jointly and severally. The present appellant, being dissatisfied with the impugned judgment and award passed by the Tribunal, has preferred this appeal.

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

(3.) Similarly, the original claimants have also filed their Cross Objection on the grounds that the award of the Tribunal is illegal, as evidence on record contending the facts of the case were not properly considered by the Tribunal. That, deceased Shyamdunder was driving his maruti car at moderate speed on the left side of the road and the truck being driven by the opponent No. 1 went on the wrong side of the road and dashed with the maruti car. The deceased was dragged for about 50 ft. and as a result of which, the deceased had died. That, income tax returns filed by the deceased were produced at Exhs. 40, 73, 74, 42, 75, 76, 77, 78, 79, 80, 43 and 81 and were not correctly considered by the Tribunal. That, the income of the deceased was not correctly assessed by the Tribunal and therefore, it was requested to enhance the amount of compensation to Rs.19,61,500/- against the award of Rs.8,14,000/- passed by the Tribunal.