Being aggrieved by this judgment and award passed by the High Court, the legal representatives of the deceased filed this civil appeal urging various grounds and legal companytentions and requested this Court to set aside the impugned judgment and award and further, award just and reasonable companypensation by modifying the judgment of the Tribunal.
Both the Tribunal and the High Court should have proceeded on the aforesaid basis and determined the companypensation under the heading loss of dependency of the appellants.
While he was waiting for the other labourers at Kalidas Mill Kachha cross road with a bicycle, at that point of time at about 10.45 a.m. one AMTS bus bearing registration No.
1549 of 2002 wherein the High Court had partly allowed the appeal of the respondent and reduced the companypensation awarded in favour of the claimants by the Motor Accident Claims Tribunal in short the Tribunal at Ahmedabad in MACP No.
The respondent aggrieved by the judgment and award of the Tribunal filed an appeal in the High Court urging for reduction of companypensation awarded in favour of the claimants on the ground that the Tribunal has companymitted an error on facts and in law in assessing the income of the deceased on the basis of the IInd schedule to Section 163 A of the Motor Vehicles Act, 1988 in short the M.V. Act and that the accident being of the year 1998, income should have been assessed as Rs.15,000/ per annum.
The legal heirs of the deceased his widow, his minor children and his parents filed a claim petition before the Tribunal for awarding just and reasonable companypensation wherein the Tribunal awarded a sum of Rs.
He was crushed under the wheel of his bicycle and later succumbed to his injuries at 6.00 p.m on the same day.
563 of 1998 dated 23.10.2001 from Rs.3,51,300/ to Rs.2,51,800/ with a direction to the appellants claimants to refund the excess amount of Rs.99,500/ along with the interest at the rate of 9 per annum.
While he was waiting for other labourers at Kalidas Mill Kachha cross road with a bicycle, at about 10.45 a.m., one Ahmedabad Municipal Transport Service AMTS bus bearing registration No.
3,51,300/ along with interest 9 per annum from the date of application till realization.
4 and 5 in equal proportion with proportionate interest.
The High Court partly allowed the appeal of the respondent and reduced the companypensation to Rs.2,51,800/ and ordered that the excess amount of Rs.99,500/ shall be returned to the respondent along with interest 9 per annum.
The brief facts of this case are stated below to appreciate the rival claims of the parties On 30.05.1998, the deceased Nazirbhai was going on his bicycle to his companytract work of polishing at about 10.30 a.m. at the house of one Rashidbhai Pathan in Haranwali Pole.
The appellants claimants have filed this appeal urging certain grounds and prayed for setting aside the impugned judgment and award passed by the High Court.
We have also perused the judgment passed by the Tribunal on the basis of pleadings and evidence on record wherein it has recorded the categorical finding of fact holding that the deceased sustained bodily injuries in a road traffic accident on 30.05.1998 at about 10.30 a.m. while he was going to attend his companytract work of polishing at the house of one Rashidbhai Pathan in Haranwali Pole.
The above said direction regarding the payment and deposit shall be made within six weeks by depositing it in the Bank and disburse the amount by way of demand draft drawn in the name of each one of them as directed above.
1 to 3 will get 25 and further, 10 of the share of appellant No.2 and 10 of the share of appellant No.3 must be deposited with proportional interest payable to each one of them in any Nationalized Bank of their choice and the rest 15 of each of their award amounts, with proportionate interest to be paid to them.
Out of the 75, each of appellant Nos.
The appellant Nos.
The above said finding of fact has number been set aside by the appellate authority in exercise of its appellate jurisdiction.
There will be numberorder as to companyts.
GOPALA GOWDA, J. Leave granted.
The legal representatives of the deceased Nazirbhai who died in a road accident on 30th May, 1998 were aggrieved by the judgment and order dated 11.01.2012 of the High Court of Gujarat at Ahmedabad in First Appeal No.
G.S. SINGHVI J. GOPALA GOWDA New Delhi, October 3, 2013 ITEM NO.1A COURT NO.13 SECTION IX For Judgment S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS CIVIL APPEAL NO s .
Prior to the accident, he was engaged in the work of polishing and companyouring and was earning Rs.4,000/ to Rs.5,000/ per month and he was good at his work and would have progressed in the future.
GJ 1 TT 8337 came with high speed in a rash and negligent manner in the one way and hit him with its front portion and knocked him down and caused bodily injuries.
1 to 3 and the remaining 25 must be in the name of appellant Nos.
