NITABEN MANISHBHAI THAKKAR Vs. VISHALBHAI RAMESHBHAI VAGHANI

JUDGEMENT

(1.) This is an appeal under Sec. 173 of the Motor Vehicles Act, 1988 (MV Act) filed at the instance of the appellant " original claimant against the judgment and award dtd. 5/5/2018 passed by the learned Motor Accident Claims Tribunal (Auxiliary), Bhavnagar (Tribunal) in Motor Accident Claim Petition No. 110 of 2015 (claim petition), which was preferred under Sec. 166 of the MV Act, whereby, against a claim valued at Rs.35.00 lakh for the injuries sustained in an accident that had occurred on 24/1/2014, the Tribunal has awarded a sum of Rs.5,81,400.00 with interest at the rate of 9% per annum from the date of claim petition till realization, holding liable the opponents therein to pay the compensation to the appellant " original claimant. Hence, grieved claimant has filed this appeal on the point of quantum.

(2.) Since, the facts of the accidents are not in dispute, the same are not detailed here.

(3.) None, present for the respondent Nos. 1 and 2 when called out. The respondent No. 3 " the insurance company being the main contesting party, the Court proceeded to hear the matter finally. Accordingly, heard, learned advocate Mr. Yogen Pandya for the appellant and learned advocate Mr. Tanmay B. Karia for the respondent No. 3 " insurance company.