SUMITRABEN Vs. RAHIMBHAI MOHAMMEDBHAI BANDIBARIYA

JUDGEMENT

(1.) This is an appeal under Sec. 173 of the Motor Vehicles Act, 1988 arising out of the judgment and award dtd. 22/2/2012 rendered by the learned Motor Accident Claims Tribunal (Main), Panchmahals at Godhra (the Tribunal) in Motor Accident Claim Petition No. 1294 of 2008 (claim petition), whereby, the Tribunal was pleased to award compensation of Rs.4,33,000.00 together with simple interest at the rate of 9% per annum from the date of claim petition till realization against the total compensation of Rs.15.00 lakh with interest and cost as claimed by the appellants - original claimants towards the death of the deceased. Accordingly, the appellants have preferred this appeal for enhancement of compensation.

(2.) Since the facts of the case are not in dispute, the Court deems it proper not to discuss the same.

(3.) Heard, learned advocate Mr. Mohsin Hakim for learned advocate Mr. MTM Hakim for the appellants and learned advocate Mr. Rushang D. Mehta for the respondent No. 3 at length. 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 was not in dispute, the Court proceeded with the matter.