BALUBEN AMBALAL ZALA Vs. RAMANBHAI SHIVABHAI ZALA

JUDGEMENT

(1.) THIS appeal is directed against the judgment and award dated 30.07.2009 passed by the learned Motor Accident Claims Tribunal (Main), Kheda at Nadiad in Motor Accident Claim Petition No.243 of 2006 wherein the Tribunal has awarded a sum of Rs.1,43,900/ together with interest at the rate of 9% per annum from the date of application till realization.

(2.) ON 19.07.2006 one Ambalal Somabhai Zala was returning to village Hathnoli after Darshan at Dakor. He was traveling in a rickshaw. It is alleged that the rickshaw was driven in a negligent manner on account of the same, the driver lost control over the same and it turned turtle. Ambalal Somabhai Zala sustained serious injuries and ultimately he succumbed to the same. The legal heirs therefore filed the aforesaid claim petition claiming a sum of Rs.2,20,700/, wherein the aforesaid award came to be passed. The present appeal is filed at the instance of the original claimant for enhancement of the compensation.

(3.) HE further submitted that the learned Tribunal committed an error in exonerating the Insurance Company from its liability.