BACHUBEN Vs. DRIVER OF S.T.BUS

JUDGEMENT

(1.) The appellant has challenged the judgement and award dated 04.06.2008 passed by Motor Accident Claims Tribunal (Aux) Sabarkantha at Himmatnagar in MACP No. 304 of 2005 where under, the claim petition preferred by the appellants under section 163A of the Motor Vehicles Act, 1988 is partly allowed by the Tribunal.

(2.) The facts giving rise to the present appeal are not in dispute. The deceased­Rameshbhai, who happened to be the son of the appellant, was coming towards his house on his bicycle on 30.09.2004. At that time, respondent no.1 came with the S.T.bus bearing registration No. G.J.18 V 4428 at high and excessive speed and in rash and negligent manner and dashed with bicycle of the deceased from behind. The offender bus was of the ownership of respondent No.2. Rameshbhai fell down from the bicycle and suffered serious injuries all over his body and died instantaneously on the spot. The appellant being the mother of the deceased filed MACP No. 304 of 2005 under section 163A of the M.V.Act before the Motor Accident Claims Tribunal, Sabarkantha at Himmatnagar to recover compensation on the structured formula basis as provided in Schedule­ II to section 163A. It was the case of the appellant that her son was unmarried and was working as a helper in Shri Umiya Vijay Saw Mill. She was getting Rs. 3000/­ as monthly salary.

(3.) By the impugned judgement and award, the Tribunal assessed the income of the deceased at Rs. 1800/­ and on that basis, calculated the compensation on the basis of Schedule­II to section 163A and partly allowed the claim petition. The Tribunal directed the respondents herein to pay a sum of Rs. 2,20,500/­ with proportionate cost and 7.5% interest. The appellant is not happy with the quantum of compensation.