SAROJBEN NATVARLAL BHAVSAR Vs. ALANA ISHABHAI KAIDA

JUDGEMENT

(1.) THIS First Appeal arises out of the judgment and award passed by the Motor Accident Claims Tribunal (Main) at Rajkot in Motor Accident Claims Petition No.161 of 1996, on 28th January, 2000.

(2.) THE facts of the case are that one Natvarlal Somchand Bhavsdar died in a vehicular accident. The said accident occurred on 23rd December, 1995 at about 4.30 P.M. Near V.C.High School at Morvi. The deceased was proceeding from College to his house on his scooter and met with the accident when an oncoming Matador and his scooter collided with each other at the time and place indicated above. The number of the Matador was GRP -4982 and was driven by respondent No.1, allegedly in a rash and negligent manner. The deceased, who suffered serious injuries, was admitted to Hospital, but, ultimately, he succumbed to the injuries. The deceased was working as a Lecturer/Professor in Science College at Morvi. His date of birth was 28.3.1940, i.e. at the time of accident, he was aged 55 years and 9 months. His gross salary at the time of the accident was Rs.10,230/ - in the month of December, 1995. He would have retired from service on 31st May, 2002 had he not succumbed to the injuries. The claimants, i.e. widow and sons of deceased Natvarlal Somchand Bhavsar, therefore, preferred claim -petition for compensation of Rs.16,00,000/ - under various heads available to them.

(3.) THE claim -petition was opposed to by the respondents.