MINOR DHANANJAY PRAVINBHAI LATHIYA Vs. HASMUKHBHAI HEMRAJBHAI ADROJA

JUDGEMENT

(1.) This is an appeal filed under Sec. 173 of the Motor Vehicles Act, 1988 (MV Act ) by appellant - Minor Dhananjay Pravinbhai Lathiya, through his natural guardian and mother - Gitaben Pravinbhai Lathiya, challenging the judgment and award dtd. 5/11/2019 passed in Motor Accident Claim Petition No. 230 of 2017 by the learned Motor Accident Claims Tribunal (Auxiliary) and 14 th Additional District Judge, Rajkot, whereby, against the claim of Rs.3.00 lakh for the injuries sustained by the original claimant - minor in an accident that had occurred on 28/1/2017, the Tribunal has awarded an amount of Rs.38,000.00 with 9% interest per annum from the date of filing the claim petition till realization holding the opponents therein jointly and severally liable to pay the compensation. Accordingly, the appellant - claimant has filed this appeal for enhancement of compensation.

(2.) Though served, none has appeared for the respondent No. 1 - the owner of the offending vehicle. Accordingly, heard, learned advocate Mr. Nishit A. Bhalodi for the appellant and learned advocate Mr. Rathin Raval for the respondent No. 2 - insurance company.

(3.) The sole contention that has been raised by the learned advocate for the appellant in this appeal is that though the Tribunal was apprised about the decision of the Apex Court in Mallikarjun V. Divisional Manager, The National Insurance Company Limited and Others, the Tribunal has not considered the same and accordingly, he has urged to enhance the compensation in view of the aforesaid decision and thereby, to allow this appeal.