SUDHAKARRAV VAMANRAO PAWAR Vs. SAVITABEN RAMANBHAI PATEL

JUDGEMENT

(1.) THE present First Appeal under Section 110-D of the Motor Vehicles Act, 1939 read with Section 96 of the Code of Civil Procedure has been preferred by the appellants challenging the impugned judgment and award passed by the learned Motor Accident Claims Tribunal (Main), Nadiad dated 31/08/1990 in M.A.C.P. No. 143/1986 by which the learned tribunal has awarded a total sum of Rs. 3,74,220/- to the original claimants to be paid by all the respondents with 12% interest from the date of admission till the date of realization.

(2.) AT the outset, it is required to be noted that initially the appeal was preferred by the Driver and the insured-New India Assurance Company Ltd.. However, due to the law prevailing at the time, the Insurance Company was transposed as respondent no. 7 and that is how the present appeal is filed by appellants nos. 1 and 2 though the Insurance Company is also aggrieved by the same as ultimately the Insurance Company is liable to pay the amount.

(3.) SHRI Chirag Patel, learned advocate appearing on behalf of the respondents-original claimants does not dispute the above, however, it is submitted that considering the future rise in the income, the learned tribunal has not committed any error and/or illegality in awarding Rs. 3,55,720/- towards the loss of dependency.