ORIENTAL INSURANCE CO LTD Vs. SHANKERBHAI BHAGUBHAI DESAI

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied by the judgment and award dtd. 27/2/2012 passed by the Motor Accident Claims Tribunal (Aux), Vadodara in MACP no.389/2009, the appellant- insurance Company has preferred this appeal under Sec. 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as "the Act").

(2.) Following facts emerge from the record of the appeal:-

(3.) Heard Mr. Vibhuti Nanavati, learned advocate for the appellant - insurance Company and Mr. Hiren Modi, learned advocate for the respondent - original claimant. At the outset, it deserves to be noted that the original claim petition was filed under Sec. 163A of the Act and hence, the compensation is required to be based on the formula as given in Schedule-2 thereof.