NATIONAL INSURANCE COMPANY LIMITED Vs. RAJESHBHAI

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned judgment and award dtd. 18/3/2010 passed in MACP No.1094 of 2007 by the Motor Accident Claims Tribunal (Auxi), City Civil Court No.15, Ahmedabad, the Insurance Company has preferred this appeal under Sec. 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as the "Act"). The original claimants have also filed Cross Objection for enhancement of the compensation.

(2.) Following facts emerges from the record of this appeal;

(3.) Heard Mr. Maulik Shelat, learned advocate for the appellant- Insurance Company and Mr. Paresh Darji, learned advocate for the original claimants. We have also perused the original record and proceedings of the case. Both the learned advocates for the respective parties have candidly submitted that even if the evidence on record is re-appreciated by this Court, the impugned judgment and award of Rs.17,47,000.00 being just, proper and adequate compensation, no interference is called for. Learned counsel for the respective parties further submitted that considering the judgment of the Hon'ble Supreme Court in the case of National Insurance Company Limited vs. Pranay Sethi & ors reported in (2017) 16 SCC 680, Sarla Verma and ors. vs. Delhi Transport Corporation and Anr. reported in (2009) 6 SCC 121, Magma General Insurance Co. Ltd vs. Nanu Ral Alias Chuhur Ram & Ors reported in (2018)18 SCC 130, United India Insurance Company Limited vs. Satinder Kaur @ Satwinder Kaur reported in AIR 2020 SC 3076 and New India Assurance Company Limited vs. Somwati and Ors reported in (2020) 9 SCC 644 ultimately total compensation would remains almost same and therefore, appeal as well as cross objection are disposed of.