PITHABHAI SADIYABHAI BHEDI Vs. KALA SAMSU PARMAR

JUDGEMENT

(1.) This is an appeal under Sec. 173 of the Motor Vehicles Act, 1988 arising out of the judgment and award dtd. 5/4/2012 rendered by the learned Motor Accident Claims Tribunal (Aux.), Dahod (the Tribunal) in Motor Accident Claim Petition No. 2747 of 2004 (Old No. 1242 of 1999) (claim petition), whereby, the Tribunal was pleased to award compensation of Rs. 1,24,400.00 with interest at the rate of 7.5% per annum and proportionate costs from the date of claim petition till realization against claim of Rs. 3.00 lakh made by the appellant - original claimant. Accordingly, the appellant - original claimant 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.

(3.) Heard, learned advocate Mr. MTM Hakim for the appellant and learned advocate Mr. V. H. Shah for learned advocate Mr. Hamesh C. Naidu 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. Since, the liability is not in dispute, the Court proceeded with the matter.