PRIYANKABAHEN VASANTLAL PATEL Vs. ISMAILMIYA JIVAMIYA BELIM

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment and award dated 12.01.1999 passed by the Motor Accident Claims Tribunal [Aux.], Sabarkantha at Himatnagar in M.A.C.P. No. 40/1993, whereby the said claim petition was partly allowed and the original claimant was awarded total compensation of Rs.1,45,520/ along with interest @ 12% per annum from the date of the application till its realization and proportionate costs.

(2.) THE facts in brief are that on 07.09.1992, while the appellant was coming from her school, at that time, a Truck bearing no. GJ9T5618, driven by respondent no. 1, owned by respondent no. 2 and insured with respondent no. 3, on account of rash and negligent driving, dashed the appellant, as a result of which, the appellant sustained severe bodily injuries. Later on, the appellant preferred claim petition, which came to be partly allowed, by way of the impugned award. The appellant has preferred the present appeal for enhancement of the amount of compensation.

(3.) THE learned counsel appearing on behalf of respondent no.3Insurance Company supported the impugned award and submitted that the amount awarded under the respective heads is just and appropriate.