LAWS(GJH)-2013-2-38

VISHALKUMAR MUKESHBHAI PARMAR Vs. SHAH HARISHKUMAR NAVINCHANDRA

Decided On February 07, 2013
Vishalkumar Mukeshbhai Parmar Appellant
V/S
Shah Harishkumar Navinchandra Respondents

JUDGEMENT

(1.) THIS appeal under Section 173 of the Motor Vehicles Act, 1988 [ the Act ] is at the instance of a claimant and is directed against an Award dated July 4, 2006, passed by the Motor Accident Claims Tribunal [Auxi.], Sabarkantha at Himatnagar, in M.A.C.Petition No. 586 of 2003, thereby allowing the application in part with a direction upon the Insurance Company to pay a sum of Rs. 23,100/- as compensation with interest at the rate of 7.5% per annum from the date of filing of the application till realization.

(2.) BEING dissatisfied, the claimant, who is natural guardian and friend has preferred the present appeal.

(3.) INSPITE of service of summons, neither the driver nor the owner of the offending vehicle contested the proceeding, but it was the insurer of the vehicle, who contested the proceeding by filing written statement thereby denying the allegations made in the application for compensation.