FA/1118/1989 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD FIRST APPEAL No. 1118 of 1989 For Approval and Signature: HONOURABLE MR.JUSTICE KS JHAVERI ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================================= VALAND PRANLAL BACHUBHAI & 1 - Appellant(s) Versus PATHAN MAHMAD RAMZAN ABDUL MAJID (DELETED) & 2 - Defendant(s) ========================================================= Appearance : MR MANOJ POPAT FOR MRS MC THAKKER for Appellant(s) : 1 - 2. DELETED for Defendant(s) : 1 - 2. MR SB VAKIL for Defendant(s) : 3, ========================================================= CORAM : HONOURABLE MR.JUSTICE KS JHAVERI Date : 22/01/2008 ORAL JUDGMENT 1.0 This appeal is directed against the judgment and award dated 01.11.1988 passed by the Motor Accident Claims Tribunal (Auxiliary), Jamnagar [for short, “the FA/1118/1989 2/3 JUDGMENT Tribunal”] in Motor Accident Claims Petition No. 124 of 1984 whereby, the respondents herein were directed to pay an amount of Rs.37,000/- to the appellants with running interest @ 12% per annum from the date of the application till its realization. 2.0 The facts of the case, in brief, are as under ; 2.1 On 26.04.1984, at about 1530 hrs., the two sons of the appellants herein, Sanjay and Piyush, were returning to their house in a bicycle. After riding the bicycle for some distance, both of them began to walk by towing the bicycle. At that time, a Truck bearing Registration No. MXL 6002 dashed one of the sons of the appellants – Sanjay on account of which said Sanjay suffered serious bodily injuries. Sanjay was taken to the Hospital. However, on the same day, Sanjay succumbed to his injuries. 2.2 The appellants, therefore, filed a claim petition before the Tribunal claiming compensation of Rs.1,10,000/-. After hearing learned counsel for both the sides, the Tribunal partly allowed the claim petition by awarding an amount of Rs.37,000/- with interest. Being aggrieved by the said amount of compensation awarded by the Tribunal, the appellants have approached this Court by way of this Appeal for enhancement of the amount of compensation. 3. Heard learned counsel for the respective parties FA/1118/1989 3/3 JUDGMENT and perused the documents on record. It is an undisputed fact that at the time when the accident in question took place, the deceased was aged only 14 years and that he was not contributing anything to his family in terms of money. The appellants had not produced any evidence / proof on record to show that the deceased was helping the appellants in any manner in their earnings. Keeping in mind the aforesaid aspects, the Tribunal has partly allowed the claim petition. I am in complete agreement with the reasonings given by and the findings arrived at by the Tribunal and, therefore, find no reasons to interfere with the same. 4. In the result, the Appeal is dismissed. No order as to costs. Office is directed to send the R & P, if lying with this Court, to the Tribunal concerned forthwith. [K. S. JHAVERI, J.] Pravin/*