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Judgment
M.D. Shah, J.—All these appeals arise out of common judgment and award dated 04.04.2000 passed by the Motor Accident Claim Tribunal (Main), Bhavnagar in different Motor Accident Claim Petitions. Therefore, all the appeals decided and disposed of together by the common judgment. By these first appeals, the appellants herein-original claimants have challenged the common judgment and award dated 04.04.2000 passed by the Motor Accident Claim Tribunal (Main), Bhavnagar in Motor Accident Claim Petition Nos. 418, 419, 423 and 424 of
Claimant-Jivabhai Kanabhai of M.A.C.P. No. 423 of 1997 (First Appeal No. 172 of 2009) was driving the cart slowly on the correct side. When the claimant reached near the scene of offence at about 6:30 p.m. near Baroda on Talaja - Mahuva Road, one S.T. Bus bearing Registration No. GJ-1-Z-3111 driven by its driver came with rush and negligent manner in excessive speed and dashed with the cart. As a result of which, the claimant received serious injuries. Therefore, all claimants have filed claim petitions.
The learned Tribunal, after considering oral and documentary evidence by the common judgment and award dated 04.04.2000, partly allowed the claim petitions of the appellants herein. Against the said award, the appellants-original claimants have preferred this appeal for enhancement of compensation.
Heard the learned counsel for the respective parties and perused the documentary evidence.
As far as First Appeal Nos. 173 of 2009, 174 of 2009 and 175 of 2009 (M.A.C.P. No. 418 of 1997, 419 of 1997 and 424 of 1997) are concerned, this Court is not inclined to entertain these appeals and the appeals are dismissed.
As far as First Appeal No. 172 of 2009 (M.A.C.P. No. 423 of 1997) is concerned, the claimant had received serious injuries and the doctor has examined the claimant and 30% disability was found and the doctor has also examined the C.T. Scan of brain, which shows that there are serious injuries on the brain.
Considering the facts and circumstances and considering the nature of injuries, income of the claimant, age of the deceased and considering the evidence on record, in opinion of this Court, it would be just and proper to award Rs. 34,000/- as additional compensation to the claimant and it would meet the ends of justice. In view of above, the First Appeal No. 172 of 2009 is partly allowed and First Appeal Nos. 173, 174 and 175 of 2009 are dismissed. The appellant-original claimant of First Appeal No. 172 of 2009 is entitled to get additional compensation of Rs. 34,000/- with 9% interest per annum on the additional compensation from the date of filing of the claim petition. The judgment and award dated 04.04.2000 passed by the Motor Accident Claim Tribunal (Main), Bhavnagar is modified to the aforesaid extent. The remaining part of the judgment and award would remain unaltered. Record and Proceedings, if any, be sent to the concerned Tribunal forthwith.