1.0 This appeal is directed against the judgement and award dated 8th August 2003 passed by learned Motor Accident Claims Tribunal, Sabarkantha at Himmatnagar, in Motor Accident Claim Petition No.649/1993 whereby the Tribunal has awarded a sum of Rs.10000/- along with interest at the rate of 9% per annum.
2.0 On 18th July 1993 one minor Rakeshkumar and his friends were walking in the sim of village Bakarpura. At that time an S.T. Bus came from Vadali side and dashed with Rakeshkumar who sustained serious injuries. Ultimately he succumbed to the injuries and therefore the the claimants filed the aforesaid claim petition wherein the aforesaid award came to be passed. The appeal is for enhancement of compensation.
3.0 Heard the learned Advocate for the appellants at length.
4.0. As a result of hearing and perusal of the record it is found that the accident had occurred on 18th July 1993 and the minor Rakeshbhai expired on 11th June 1994. Thus, he died practically after eleven months from the date of the accident. According to the evidence Rakeshkumar had taken treatment from Civil Hospital on 26.7.1993 and thereafter he left the hospital. There is no evidence on record regarding any further treatment taken by Rakeshkumar. Therefore the Tribunal has come to the conclusion that the claimants have not proved that Rakeshkumar had expired due to accidental injury. However looking to the bill produced by the appellants and looking to the treatment as indoor patient, the Tribunal has awarded Rs.10000/-.
5.0 Learned Advocate for the appellant is not in a position to show anything from the record that Rakeshkumar had died due to accidental injuries.
6.0 I am in complete agreement with the reasoning adopted and findings arrived at by the Tribunal. The appeal is therefore dismissed with no order as to costs.
(K.S.JHAVERI, J.) niru* Top