KAILASHBHAI KULDIP PUNDALI Vs. DHARMISHTH SUBASHCHANDRA MODI

JUDGEMENT

(1.) THIS appeal is directed against the judgement and award dated 11.06.2009 passed by learned Motor Accident Claims Tribunal (Main), Surat in Motor Accident Claim Petition No.225 of 2008 whereby the Tribunal has awarded a sum of Rs.1,54,500/- along with interest at the rate of 9% per annum from the date of filing of the main petition together with proportionate costs of the petition.

(2.) THE claim petition was filed under Section 163-A of the Motor Vehicles Act, 1988 for claiming compensation of Rs.2,50,000/- on the principle of ?No Fault Liability? of the compensation in respect of death of the deceased who died in motor vehicle accident which occurred on 23.05.2008 on Udhna road No.7, Udhna, Surat. THE Tribunal awarded the aforesaid award. This appeal is for enhancement of compensation.

(3.) AS regards liability is concerned, the Tribunal has discussed the same in para 15 of the judgment. It was proved beyond doubt that the driver of the vehicle in question was not holding any sort of license at the relevant time.