AMITABEN Vs. ASHOKKUMAR AMBALAL THAKKAR

JUDGEMENT

(1.) Heard learned advocate for the appellants, learned advocate for respondent Nos.3 and 4 and learned advocate for respondent No.5. No one appears for respondent No.2.

(2.) The claimants of M.A.C.P. No.400 of 1984 have approached this Court under Section 173 of the Motor Vehicles Act, 1988 challenging the judgment and award dated 05.03.1992 whereunder, the Tribunal decided all the cognate Motor Accident Claim Petitions and rendered the award in respect of the claimants of each of the petition and, in case of the claimants of M.A.C.P. No.400 of 1984, the Tribunal has come to the conclusion that the compensation of Rs.2,29,000/- was admissible but however, as the claimants had claimed Rs.2 lacs, compensation of only Rs.2 lacs was awarded. Being aggrieved by and dissatisfied with the self-imposed restrictions by the Tribunal, the present appeal is preferred as stated hereinabove for the reasons mentioned thereunder.

(3.) The facts in brief leading to filing of this appeal deserve to be set out as under. The deceased and other passengers were travelling in a taxi bearing registration No.GRG 9420 on 23.02.1984 and it collided with tractor No.GRG 7500 and trolley No.GTJ 2125 which resulted into death of the husband of claimant No.1-widow. Hence, the present appellants had to prefer the claim petition which came to be numbered as M.A.C.P. No.400 of 1984 wherein, the Tribunal came to the conclusion that the claimants were entitled to receive compensation of Rs.2,29,000/-. However, as the claimants had claimed compensation of Rs.2 lacs, the Tribunal awarded only Rs.2 lacs and not Rs.2,29,000/-.