NAYNABEN Vs. BABUBHAI LALLUBHAI BHIL

JUDGEMENT

(1.) This is an appeal filed under Sec. 173 of the Motor Vehicles 1988 (MV Act ) by appellant, challenging the judgment and award dtd. 29/11/2017 passed in Motor Accident Claim Petition No. 886 of 1994 by the learned Motor Accident Claims Tribunal (Auxiliary), Panchmahals @ Godhra, whereby, against the claim of Rs.2.00 lakh for the injuries sustained by the original claimant in an accident that had occurred on 25/12/1993, the Tribunal has awarded an amount of Rs.38,650.00 with 7.5% 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.) Heard, learned advocate Mr. Makbul I. Mansuri for the appellant and learned advocate Mr. Tanmay B. Karia for the respondent No. 3 - insurance company.

(3.) The sole contention that has been raised by the learned advocate for the appellant in this appeal is that in view of the decision of the Apex Court in Mallikarjun V. Divisional Manager, The National Insurance Company Limited and Others , , the appellant - claimant is entitled to Rs.3.00 lakh towards future economic loss in view of the undisputed disability at 18% sustained by the appellant - claimant, in addition to the actual expenditure that had been incurred by the appellant - claimant. Accordingly, he has urged to enhance the compensation in view of the aforesaid decision and thereby, to allow this appeal.