- (1.) BY this first appeal, the appellant herein ­ original claimants have challenged the judgment and award dated 31.07.2000 passed by the learned M.A.C.T.(Auxi), Ahmedabad (Rural) in M.A.C.P. No.551 of 1989.
(2.) THE claim petition was filed by the widow and parents of the deceased ­ Mohanbhai claiming compensation of Rs.4,00,000/ for death of the deceased which is caused in an accident, which occurred on 15111988 at about 3..00 p.m. near Begva village, Dholka Highway Road. The vehicles involved in accident are S.T.Bus and Truck. Deceased was travelling as passenger in S.T.Bus. The learned Tribunal after considering oral and documentary evidence by order dated 31.07.2000 partly allowed the claim petition of the appellant herein. Against the said award, the appellant ­ original claimants has preferred this appeal for enhancement of compensation. It is submitted by learned advocate for the appellant herein that learned Tribunal has not properly appreciated evidence on record. It is also submitted that considering the age of the deceased being 37 years, Tribunal should have considered prospective income of the deceased. It is also submitted that only considering actual income and personal expenses, Tribunal has passed the award and by that Tribunal has committed error. Therefore, it is requested to allow this appeal.
(3.) HEARD learned advocates for the respective parties. This Court has gone through the judgment and award dated 31.07.2000 passed by the learned Tribunal together with oral as well as documentary evidence on record.;