CHANDUBHAI CHHAGANBHAI MALI Vs. ANUJA RAMPUNDRIK MANKAD

JUDGEMENT

(1.) This is an appeal under Sec. 173 of the Motor Vehicles Act, 1988 arising out of the judgment and award dtd. 9/7/2014 rendered by the learned Chairman, Motor Accident Claims Tribunal, Vadodara (the Tribunal) in Motor Accident Claim Petition No. 1077 of 2007 (claim petition), whereby, the Tribunal was pleased to award compensation of Rs.3,97,850.00 with running interest at the rate of 9% per annum and proportionate costs from the date of claim petition till realization, against claim of Rs.10.00 lakh made by the appellants - original claimants. Accordingly, the appellants - original claimants has preferred this appeal for enhancement of compensation.

(2.) Since the facts of the accident are not in dispute, the Court deems it proper not to discuss the same. Minimum is to say that in a vehicular accident that had occurred 9/3/2007, son of the appellants - claimants sustained grievous injuries and eventually, succumbed to the injuries. Accordingly, for the death of the deceased, the appellants - claimants preferred the aforesaid claim petition claiming compensation to the tune of Rs.10.00 lakh.

(3.) Heard, learned advocate Mr. Mohsin Hakim for learned advocate Mr. MTM Hakim for the appellants - original claimants and learned advocate Mr. V. C. Thomas for the respondent No. 3 - insurance company. Though served, nobody appears for the respondent No. 1 and 2, who are the driver and the owner of the offending vehicle.