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2013 Supreme(Guj) 719

MOHINDER PAL
Bhadresh Kishorchandra Shah (Decd. ) Thro. His Heirs – Appellant
Versus
Ghanshyambhai Talsibhai Patel – Respondent


Advocates Appeared:
For the Appellants :Mr. Divyesh Sejpal with Mr. A.B. Munshi, Advocates

JUDGMENT :

Mohinder Pal, J.

This claim petition is filed for enhancement of compensation from Rs. 1,54,500/- to Rs. 10,45,500/- in the Motor Accident Claim Petition in which the son of the claimants has expired.

2. As per the facts of the case, on 19.2.1994 the son of the claimants i.e. Bhadresh Kishorchandra Shah was going on scooter having registration No. GJ 7 CD 2121 which met with an accident with mini truck which was coming from behind and crushed the deceased.

3. Learned Tribunal, while taking into consideration the income of the deceased, awarded the compensation to the tune of Rs. 1,54,500/- while absolving liability of the insurance company. Aggrieved from this decision of the Tribunal, the original claimants i.e. parents of the deceased has preferred this appeal.

4. The accident in question is not disputed. Even, the fact that the driver of the offending vehicle i.e. driver of the truck having registration No. GJ 6 T 6398 was driving in rash and negligent manner is not in dispute. Otherwise also, issue No.1 has been decided in favour of the claimants and against which, no appeal has been filed.

5. The only dispute raised by the present appellants is regarding the income of the

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