GANGADHAR SAMRAO NANDEDKAR Vs. HUSAN KASAM HOTHI

JUDGEMENT

(1.) THE appellant herein has challenged the award dated 25.06.1999 passed by the Motor Accident Claims Tribunal (aux.), Bhuj-Kachchh in Motor Accident Claims Petition No. 575/1990 so far as the Tribunal awarded only Rs. 4,70,000.00as compensation with interest and costs.

(2.) IT is the case of the appellants that on 27.07.1990 while the son of the appellants was riding his motorcycle, a truck bearing registration no. GTY 5537 being driven by the original opponent no. 1 in a rash and negligent manner dashed against the said motorcycle as result of which the son of the appellants sustained injuries. He succumbed to the same. The appellants therefore filed claim petition for compensation to the tune of Rs. 10 lakhs. The Tribunal after hearing the parties passed the aforesaid award.

(3.) MR . Parikh, learned advocate appearing for Mr. Ajay Mehta for the respondent insurance company supported the award of the Tribunal and submitted that the same does not call for any interference by this Court. He submitted that infact the income assessed by the Tribunal is on higher side. He submitted that the Tribunal has considered the income of the deceased as Rs. 5000.00 and prospective income as Rs. 7500.00 which is contrary to record. He submitted that the Tribunal has awarded higher rate of interest on the award of compensation. 4. This Court heard the contentions advanced by the parties and perused the papers on record. The Tribunal has gone through the documentary evidence on record and has come to the conclusion that the truck dashed with the motorcycle and that the accident in question happened due to the negligence of the original opponent no. 1. No interference is called for regarding the same.