HANSABEN SANDEEPBHAI BODIWALA Vs. NARENDRA K PATEL

JUDGEMENT

(1.) THE appellants challenge the judgment and award passed by the Motor Accident Claims Tribunal (Aux.) at Mehsana passed in Motor Accident Claim Petition No.1162 of 1994 on 4.3.2002.

(2.) THE appellants had preferred the said claim petition claiming compensation of Rs.60 lakhs for accidental death of Sandeepbhai Bodiwala, husband of appellant No.1 who met with unfortunate accident on 19.5.1994 at about 9.00 a.m., near Bileshwar Patiya on Mehsana Ahmedabad Highway. According to the claimants, deceased Sandeepbhai Bodiwala was riding his motor cycle No.GUJ 9327 from Mehsana to Ahmedabad side when Truck No.GJ 1 U 5672 came from rear side. The said truck was being driven by respondent No.1 in rash and negligent manner and as a result thereof the truck dashed against the motor cycle of deceased Sandeepbhai Bodiwala from behind. Sandeepbhai Bodiwala expired on the spot because of the injuries suffered by him. The deceased was aged 32 years and was a qualified Mechanical Engineer from the Gujarat University. He was running the business in partnership under the firm named "Utility Services" and had 50% share in the profit of the firm. The deceased had also obtained franchise from Thermex Limited. The claimants are the widow and minor child of the deceased. According to the claimants, the deceased had earned Rs.53,759/ - for the accounting year 1992 -1993 and Rs.82,410/ - for the accounting year 1994 -1995. The deceased had earned Rs.43,665/ - for the accounting year 1994 -1995.

(3.) RESPONDENT No.2 opponent No.2 before the Tribunal denied the averments made in the claim petition by filing a written statement. The claimants led the evidence in the form of the deposition of claimant No.1 Hansaben and partner of the deceased Mr.Ashish Sharma Exh.25 and Exh.51 respectively. The claimants have also adduced evidence in the form of copy of the acknowledgment of the income tax return filed on behalf of the deceased posthumously for the years 1992 -1993, 1993 -1994 and 1995 -1996. There are other documentary evidences in the form of copy of the profit and loss account of the firm of which the deceased was partner and other material.