- (1.) Delay condoned. Leave granted.
(2.) Being dissatisfied with the quantum of compensation awarded by the High Court of Gujarat in First Appeal No. 4021 of 1998 dated 16.1.2012, the claimants have filed this appeal seeking enhancement of compensation on account of death of Smt. Jayvantiben Jitendra Trivedi in a motor accident on 21.9.1990.
(3.) Undisputed facts emerging from this case can be briefly stated as under:- On 21.9.1990 respondent No.1 while driving tempo bearing registration No. GQY-4701 in a rash and negligent manner lost the control over it and hit Smt. Jayvantiben Jitendra Trivedi (deceased) who subsequently succumbed to injuries. Appellant No.1 is the husband of deceased and appellant Nos. 2 to 5 are husband's sisters, daughter and father-in-law respectively of the deceased Jayvantiben. Claimants filed claim petition before the Motor Accidents Claims Tribunal, Bhuj-Kachchh, Gujarat, interalia, claiming compensation under different heads to the tune of Rs.2,96,480/- along with interest at the rate of 18 per cent per annum. The appellants averred in the claim petition that the deceased was a housewife at the time of accident and was aged 22 years and that she was doing embroidery and knitting work and was earning Rs.900/- per month from the said work and was maintaining her family. Respondents No. 1 and 2 did not enter into defence. Respondent No.3-Insurance Company has filed counter statement denying averments made in the claim petition and contended that the compensation claimed is on the higher side.;