Legal Hairs of Deceased Suleman Hasan and Others vs Kaniyalal Naran Lalji and Others

K.S. Jhaveri, J.—By way of this Appeal the Appellant has challenged the judgment and order dated 28.7.2005 passed by the Motor Accident Claims Tribunal & Presiding Officer, 3rd Fast Track Court, Porbandar in M.A.C.P No. 7 of 2000, whereby the claimant was awarded Rs. 6,27,000/- as compensation with interest at the rate of 6% per annum from the date of filing of the petition till realization.

The short facts of this case are that on 16.10.1999 one Suleman Hasan along with other relatives were returning after offering prayers at the Dargah of Khawaja Saheb at Ajmer in motor Car bearing No. GJ-11-A-9203 and when the said vehicle reached near Danki Bavadi on Ajmer Udaipur high way, driver of Maruti van was driving his vehicle at a moderate speed and also on the left side of the road at that time opponent No. 1 came from the opposite direction rushing driving his motor truck No. RJ-30-B-0353 rashly and negligently with full speed so as to endanger life and collided with the Maruti van in which the deceased was proceeding due to which the Suleman Hasan sustained serious injuries and expired and therefore his legal heirs filed M.A.C.P No. 7 of 2000 before the Motor Accident Claims Tribubnal & Presiding Officer, 3rd Fast Track Court, Porbandar. The learned Tribunal after hearing learned advocates for both the parties and after recording the evidence decided the claim petition and passed the award as stated herein above against which the present appeal is filed by the Appellants for enhancement of award.

Heard the learned Advocates for both the parties.

The learned Tribunal, while considering the case of the claimants has considered the material documents regarding rash and negligent driving of both the vehicles involved in the accident and has considered the multiplier documents which are produced on record and after considering the documents on record has decided that both the vehicles involved in the accident equally negligent and after considering the evidence produced on record regarding the income, has rightly calculated income of the deceased. Further, considering the age of the deceased the Tribunal has rightly applied the multiplier of 15 and calculated the future loss of income.

Looking to the discussions made by the learned Tribunal, has rightly awarded compensation to the claimants. No further evidence is produced on record to take a different view of the matter.

In that view of the matter the Tribunal has committed no error, and the award is just and proper. Therefore, appeal deserves to be dismissed. Hence, the same is dismissed.