SHANTA BEN Vs. VALLABH BHAI

JUDGEMENT

(1.) THIS appeal for enhancement has been filed by the claimants directed against the judgment and award dated 26.7.2000 passed by Motor Accident Claims Tribunal, Abu Road ('the Tribunal'), whereby the compensation to the tune of Rs.1,73,200/- alongwith interest @ 12% p.a. from the date of application has been awarded by the tribunal.

(2.) THE facts in brief are that the claimants filed an application for compensation ('the application') seeking a sum of Rs.8,20,000/- for the death of one Govind Bhai, who was travelling in Truck No.GJ-3/T-1288 from Jodhpur when on 10.4.1991 at about 12:00 a.m., the truck turned turtle and Govind Bhai got crushed under the truck. It was claimed that the deceased was aged 37 years and was involved in the work of gold smith and used to earn Rs.100/- per day.

(3.) THE Tribunal after evidence was led by the claimants and the Insurance Company, came to the conclusion that the accident occurred on account of rash and negligent driving by the driver of the vehicle, which resulted in the death of Govind Bhai. The issue relating to liability of the Insurance Company was decided against the Insurance Company.