VIMLABEN NARANBHAI AMBARAM PRAJAPATI Vs. DALVIRSING BALJINDRASING JOKA

JUDGEMENT

(1.) Being aggrieved and dissatisfied with the impugned judgment and award passed by the learned Motor Accident Claims Tribunal (Main) at Mehsana in M.A.C.P. No. 590 of 2012 dtd. 8/10/2018, by which the learned Tribunal has partly allowed the Claim Petition and directed the Opponents to pay jointly and severely a sum of Rs.2,27,500.00 to the the Appellants / Original Claimants along with simple interest @ 9% p.a. from the date of the claim petition till its realization, the Appellants being the legal heirs of deceased Naranbhai Ambaram Prajapati, who sustained injuries and died on spot, have preferred this Appeal under Sec. 173 of the Motor Vehicle Act, 1988 for enhancement of the award with interest and proportionate costs, on the ground that the judgment and award passed by the learned Tribunal is on lower side, and therefore, the judgment and award passed by the learned Tribunal is absolutely unjust, illegal and improper and contrary to law and facts of the case and evidence.

(2.) Heard learned Advocate Mr. Yogendra Thakore for the Appellants and learned Advocate Mr. Tanmay B. Karia for Opponent No.2 - ICICI Lombard General Insurance Co. Ltd.

(3.) Learned Advocate for the Appellants submitted that the Appellants are the original claimants who had filed MACP under Sec. 166 of the Motor Vehicle Act being MACP No. 590 of 2012 before the leanred MACT (Main) Mehsana and Respondent Nos. 1 to 4 are the original opponent nos. 1 to 2.