SULBHABEN Vs. DHARMENDRABHAI CHANDUBHAI PATEL

JUDGEMENT

(1.) The original claimants as appellants have filed this appeal under Sec. 173 of the Motor Vehicles Act, 1988 ('the Act' for short) challenging the judgment and award dtd. 5/11/2009 passed by learned Motor Accident Claims Tribunal (Main), Bharuch in Motor Accident Claim Petition No.371 of 2003 seeking enhancement of compensation. The Tribunal vide order dtd. 5/11/2009 awarded total compensation of Rs.5,17,500.00 with 9% interest p.a. from the date of filing of claim petition till realization.

(2.) The brief facts are as under :-

(3.) We have heard Mr. Adnan Khan, learned advocate appearing for Mr. MTM Hakim for the appellants and Mr. Maulik J. Shelat, learned advocate appearing for United India Insurance Company of Splendor Motorcycle. As the liability has not been denied, presence of other respondents is not necessary and hence, dispensed with. Records and Proceedings have been secured from the learned Tribunal and the same is placed before this Court for perusal.