1 By way of filing this appeal under Section 173 of the Motor Vehicles Act, 1988 the appellants – original claimants have challenged the judgment and award dated 1st November 1999 passed by the Motor Accident Claims Tribunal (Aux), Jamnagar in MAC Petition No.728 of 1996 whereby the Tribunal has allowed the claim petition partly.
2 The brief facts giving rise to the present appeal are to the effect that on the date of the incident i.e. on 23rd September 1996 in the afternoon at about 2.30 PM the deceased was travelling in rickshaw bearing No.GJ.11.T 3762 fro going to Bhanwad from Gop and when the said rickshaw reached near bridge of village Gope it was given a dash by another oncoming rickshaw bearing No.GJ.10.T. 125. Therefore, deceased Halima and other passengers received injuries. The deceased was initially removed to Community Health Centre, Bhanwad and therefrom she was taken to Irwin Hospital at Jamnaggar where she succumbed to the injuries on the next day.
3 The appellants being the parents and legal representatives of the deceased filed aforesaid MAC Petition No.728 of 1996 claiming compensation from the respondents of the claim petition.
4 The Tribunal has considered the notional income of the deceased girl at Rs.10,800 per annum and arrived at Rs.3,600 as the dependency benefit per annum. He awarded the multiplier of 15 and arrived at Rs.54,000/- as dependency loss. He has also awarded Rs.10,000 towards as loss of estate. Thus, in all, the Tribunal has awarded Rs.64,000 to the claimants along with interest at the rate of 12% per annum against which the present appeal is filed by the claimants for enhancement of compensation.
5 Having heard the learned counsel for the parties and having perused the record, I am of the opinion that the Tribunal has considered the evidence properly and awarded the aforesaid amount. Therefore, no case is made out for interfering with the same. The appeal has no merits. The same is therefore dismissed with no order as to costs.
(K.S.Jhaveri, J.) *mohd