NIKUNJKUMAR HASMUKHBHAI SONI Vs. BHAGWATPRASAD CHUNILAL PARMAR

JUDGEMENT

(1.) Present appeal under sec. 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as the "Act") is at the instance of the appellants - original claimants in the proceedings under sec. 166 of the Act and is directed against the award dtd. 30/11/2011 passed by the learned Motor Accident Claim Tribunal, Ahmedabad in M.A.C.P. No. 538 of 2004 thereby, allowing the claim petition in part and awarding a sum of Rs.1,37,400.00 + 9% interest as compensation as against the claim of Rs.15,00,000.00.

(2.) Being aggrieved by the aforesaid award, the claimants have come up with the present appeal for enhancement of claim of Rs.7,50,000.00 + interest as compensation.

(3.) It may not be out of place to mention that neither the respondent No.2 - National Insurance Company Limited nor the owner of the vehicle has filed any cross- objections or cross appeal disputing the award. Therefore, the only question arises for determination in this appeal is whether the learned Tribunal was justified in awarding a sum of Rs.1,37,400.00 as compensation in the facts of the present case.