ABHESINGH BHARATSINGH PARMAR Vs. VANKAR RAIJIBHAI NANJIBHAI

JUDGEMENT

(1.) This appeal is filed by the appellant - claimant seeking enhancement of the compensation amount awarded by the Motor Accident Claims Tribunal (Aux), Vadodara (hereinafter referred to as "the Tribunal") vide impugned judgment and award dtd. 13/11/2006 passed in M.A.C.P. No.927 of 2003, whereby the Tribunal has partly allowed the claim petition and awarded a sum of Rs.1,15,000.00.

(2.) Brief facts of the present case are that on 18/2/2003 at about 4.00 p.m., the deceased Bharatsinh Dahyabhai Parmar was travelling in a Tempo bearing registration No.GJ-07-Y-4697, after paying rent from Savli to Gokulpura. It is the case of the claimants that when the deceased reached at Gandiyapura at that time due to rash and negligent driving by the driver of the said tempo, the same turned turtle, as a result of which the accident took place. On account of the accident, the deceased had sustained fatal injury. Hence, the appellant - original claimant has filed aforesaid claim petition before the Tribunal. The Tribunal, after evaluating the pleadings and evidence tendered by the parties, partly allowed the claim petition and awarded a sum of Rs.1,15,000.00 under the different heads as against the claim of Rs.1,50,000.00.

(3.) Heard learned counsel appearing for the respective parties.