S.A. Bobde, J. - (1.) Civil Appeal No. 8867 of 2012 The appellant-Insurance Company has preferred this appeal against the impugned judgment and order dated 28/29.03.2012 passed by the High Court of Gujarat at Ahmedabad in First Appeal No.736 of 2012, whereby the High Court partly allowed the appeal of the claimants to the extent of enhancing the sum awarded by the Motor Accident Claims Tribunal in MACP No.1239 of 1999 dated 10.12.2010.
(2.) The deceased, Girddharbhai Pansuriya @ Girish, an employee of Gujarat Electricity Board was travelling from Wankaner to Mendarda village, when his motorcycle was hit by a matador bearing registration no. GJ.1.T.T. 9761 insured by the appellant-National Insurance Co. Ltd. The matador, moving at a high speed on the opposite side of the road, dashed against the vehicle of the deceased from the front resulting in the fatality. The wife of the deceased was given employment by the employer of the deceased with a regular salary on grounds of compassionate appointment.
(3.) The claimants viz., the wife, one minor child and the parents of the deceased, filed a claim petition before the Motor Accident Claims Tribunal (for short, the 'Tribunal'). On the date of the accident, the deceased was working as Store Keeper with Gujarat Electricity Board. The Tribunal awarded an amount of Rs. 2,22,372/- with interest at the rate of 9% per annum as compensation after deducting the amount of Rs. 7,000/- per month from the salary of the deceased as this amount of Rs. 7,000/- per month after deduction was received by respondent no.1 as salary from the employment which was given to her on compassionate ground by the employer due to the death of her husband. Being aggrieved, the claimants preferred an appeal before the High Court. The High Court allowed said appeal and enhanced the compensation to Rs. 14,90,000/- along with interest at the rate of 7.5% per annum on the enhanced amount.;