VALUBEN KARNA RABARI Vs. MAHENDRA R THACKKER

JUDGEMENT

(1.) This First Appeal is filed by the appellant - original claimant under Sec. 173 of the Motor Vehicles Act, 1988, (for short 'M V Act') against the judgment and award dtd. 24/9/2018 passed in Motor Accident Claim Petition No. 414 of 2007 by the Motor Accident Claims Tribunal, (Auxi.) Bhuj - Kachchh, which was preferred under Sec. 166 of the MV Act, whereby, against a claim valued at Rs.11,00,000.00 for the injuries sustained in an accident that had occurred on 11/5/2007, the Tribunal has awarded a sum of Rs.3,27,000.00 with interest at the rate of 9% per annum from the date of claim petition till realization, holding liable the opponent Nos. 1 and 2 therein to pay the compensation to the appellant - original claimant. Hence, grieved claimant has filed this appeal on the point of quantum.

(2.) It was the case of the appellant - complainant that on 11/5/2007, the appellant was proceeding from Dolatpar to Sayan in Truck No. GJ-12-U-8342 along with her household goods with Vijuben Kanya Rabari by paying freight. That, driver of the said Truck was driving the truck on the left hand side of the road with moderate speed, at that time, a Truck bearing registration No. GJ- 01-U-7032 had come from opposite direction, with a excessive speed and he lost control over the said truck and collided with the truck in which the claimant was travelling. As a result of this accident, the claimant received permanent disability. Accordingly, the appellant - complainant has filed this appeal for enhancement of compensation.

(3.) Though served, none appear for the respondent No.1. Heard, learned advocate Mr. Hemal Shah for the appellant and learned advocate Mr. Tanmay B. Karia for the respondent No. 2 - insurance company at length.