NATIONAL INSURANCE CO. LTD. Vs. REKHABEN AND OTHERS

JUDGEMENT

(1.) Civil Appeal No. 8867 of 2012

(2.) The deceased, Girddharbhai Pansuriya @ Girish, an employee of Gujarat Electricity Board was travelling from Wankaner to Mendarda village, when his motorcycle was hit by a matador bearing registration no. GJ.1.T.T. 9761 insured by the appellant-National Insurance Co. Ltd. The matador, moving at a high speed on the opposite side of the road, dashed against the vehicle of the deceased from the front resulting in the fatality.

(3.) The claimants viz., the wife, one minor child and the parents of the deceased, filed a claim petition before the Motor Accident Claims Tribunal (for short, the 'Tribunal'). On the date of the accident, the deceased was working as Store Keeper with Gujarat Electricity Board. The Tribunal awarded an amount of Rs. 2,22,372.00 with interest at the rate of 9% per annum as compensation after deducting the amount of Rs. 7,000.00 per month from the salary of the deceased as this amount of Rs. 7,000.00 per month after deduction was received by respondent no.1 as salary from the employment which was given to her on compassionate ground by the employer due to the death of her husband. Being aggrieved, the claimants preferred an appeal before the High Court. The High Court allowed said appeal and enhanced the compensation to Rs. 14,90,000.00 along with interest at the rate of 7.5% per annum on the enhanced amount.