SURESHBHAI PRATAPBHAI BARIYA Vs. SULTAN MOHAMMAD BANDI

JUDGEMENT

(1.) This is an appeal filed under Sec. 173 of the Motor Vehicles Act, 1988 at the instance of the original claimant against the judgment and award dtd. 11/7/2018 passed by the learned 8 th (Ad-hoc) Motor Accident Claims Tribunal (Auxiliary), Panchmahals @ Godhra ("Tribunal" for short) , in Motor Accident Claim Petition No. 1311 of 2009 ("claim petition" for short), whereby, the Tribunal was pleased to award an amount of Rs.1,30,000.00 with interest at the rate of 9% p.a. from the date of petition till realization towards compensation in an injury case, holding vicariously liable to pay the opponents therein. The appellant - claimant has filed this appeal essentially for enhancement of compensation considering the aspect of disability to the injured.

(2.) Since the facts of the case and liability are not in dispute, the same are not discussed herein. Least is to say that in a vehicular accident that had occurred on 9/7/2009, minor son of the original complainant sustained injuries and accordingly, the claimant had filed the claim petition seeking compensation to the tune of Rs.2.00 lakh, against which, aforesaid award was passed by the Tribunal.

(3.) Heard, learned advocate Mr. M. I. Mansuri for the appellant - claimant and learned advocate Mr. Harshrajsinh Vaghela for learned advocate Mr. Hardik P. Mehta for the respondent No. 3 - The Oriental Insurance Co. Ltd. Though served, none has put in appearance qua respondent Nos. 1 and 2. Since, the matter is of 2019 and a very short issue is involved in the matter, the matter was heard finally, without R&P.