DIVISIONAL CONTROLLER Vs. BABUBHAI CHAGANBHAI PARMAR

JUDGEMENT

(1.) PRESENT appeal is preferred by the appellant herein ­ original opponent no.2 against the judgment and award dated 30.06.2012 passed by the learned Motor Accidents Claim Tribunal (Auxi.), Dahod in M.A.C.P. No.355 of 2005, whereby, the learned Tribunal has partly allowed the claim petition of the claimants and awarded Rs.3,14,500/ along with 8% interest.

(2.) INCIDENT took place between motorcycle and bus of S.T.Corporation on 13.05.20015 at village Merakadi. On account of this accident, motorcyclist lost his life and so legal heirs of the deceased Babubhai Chaganbhai Parmar filed claim petition for getting compensation of Rs.5,15,000/. After considering oral and documentary evidence, learned Tribunal has partly allowed the appeal as referred above. While passing the award, learned Tribunal came to the conclusion that there is 15% negligence on the part of the motorcyclist and S.T.Corporation was held liable upto 85%.

(3.) THIS Court has gone through the judgment and award dated 30.06.2012 passed by the learned Tribunal. Deceased Babubhai was working as Kalashi in Railway Department and this fact is not disputed by the appellant herein ­ S.T.Corporation. In opinion of this Court, learned Tribunal has rightly calculated Rs.3000/ per month as income of the deceased and it is just and proper which is not required to be interfered with by this Court. Learned Tribunal has also rightly determined compensation considering the income and age of the deceased and therefore, is no reason to interfere with the findings of the learned Tribunal.