AMIRKHAN MANOVARKHAN PATHAN Vs. KALUBHAI FATABHAI CHAUHAN

JUDGEMENT

(1.) Original claimant as appellant has filed this Appeal under Sec. 173 of the Motor Vehicles Act, 1988 ("the Act" for short) challenging the judgment and award dtd. 25/1/2007, passed by the Motor Accident Claims Tribunal (Auxi.) F.T.C. No.12, Nadiad in Motor Accident Claims Petition No.865 of 1993, whereby the Tribunal has partly allowed the claim petition and awarded compensation of Rs.3,20,600.00 with 9% interest p.a. from the date of filing of claim petition till its realization with proportionate cost.

(2.) The facts in brief are:

(3.) Heard Mr. Imtiyaz I. Mansuri, learned advocate for the appellant, and Mr. V. C. Thomas, learned advocate for respondent No.3-Insurance Company. As liability has not been denied, presence of respondent Nos. 1 and 2 (driver and owner of the offending truck) is dispensed with. Record and Proceedings have been secured from the Tribunal.