PUNIYA MANSINGH KATARA Vs. AKHAMABHAI RATABHAI KHANT

JUDGEMENT

(1.) BY this first appeal, the appellant herein ­ original claimants have challenged the judgment and award dated 07.05.2005 passed by the learned M.A.C.T.(Auxi), Godhra, District ­ Panchmahals in M.A.C.P. No.944 of 1998.

(2.) THE claim petition was filed by the legal heirs of deceased Sakuben Mansingh Katara claiming compensation of Rs.6,00,000/ for death of the deceased which is caused in an accident, which occurred on 11061988. On that day, deceased and her husband were travelling in S.T.Bus No.GJ18V3191 going towards Chakalia from Surat as passenger. When the S.T.Bus was passing village Bedhia at about 8.30 a.m. in the morning, at that time opponent no.3 came from opposite side driving truck No.RJ27G2466 in rash and negligent manner and with excessive speed. Due to this, both the vehicles dashed each other. In this accident, deceased got injured and she was admitted in hospital and during treatment she expired. The learned Tribunal after considering oral and documentary evidence by judgment dated 07.05.2005 partly allowed the claim petition of the appellant herein. Against the said award, the appellants herein ­ original claimants have preferred this appeal for enhancement of compensation.

(3.) HEARD learned advocates for the respective parties. This Court has gone through the judgment and award dated 07.05.2005 passed by the learned Tribunal together with oral as well as documentary evidence on record.