MANJULABEN HASMUKHBHAI VANAND Vs. BIPINCHANDRA NATHALAL DAVE

JUDGEMENT

(1.) THIS appeal under Section 173 of the Motor Vehicles Act, 1988 ["Act" for short] is at the instance of the claimants in a proceeding under Section 166 of the Act and is directed against an award dated 28th February, 2006 passed by the Motor Accident Claims Tribunal [Aux.], Vadodara in M.A.C.P. No. 513 of 2003, thereby awarding a sum of Rs. 2,92,000/ - with interest @ 7.5% per annum from the date of filing of the application till realization. Being dissatisfied, the claimants have come up with the present First Appeal.

(2.) IT may not be out of place to mention here that against the award impugned, neither the owner of the vehicle involved in the accident nor the Insurance Company has filed any counterappeal or any cross -objection. Thus, the involvement of the vehicle in the accident, the coverage of insurance and the negligence on the part of the driver of the offending vehicle have been established.

(3.) THE only question, therefore, that falls for determination of this appeal is whether the Tribunal below, in the facts of the present case was justified in awarding the aforesaid amount of compensation.