LAWS(GJH)-2013-10-311

SUDHABEN PRAVINBHAI MOTIBHAI PATEL Vs. VIPULBHAI HASMUKHBHAI PATEL

Decided On October 18, 2013
Sudhaben Pravinbhai Motibhai Patel Appellant
V/S
Vipulbhai Hasmukhbhai Patel Respondents

JUDGEMENT

(1.) THIS appeal is at the instance of the applicants under Section 163A of the Motor Vehicles Act, 1988 ["Act" for short] and is directed against an award dated 30th July, 2005 passed by the Motor Accident Claims Tribunal [A], Presiding Officer, 8th Fast Track Court, Nadiad in M.A.C.Petition No. 208 of 2001, thereby disposing of the proceeding by awarding a sum of Rs.1,65,500/ - with interest @ 7.5% per annum from the date of filing of the application till realization.

(2.) BEING dissatisfied, the claimants have come up with the present appeal for enhancement of the amount of compensation. It may not be out of place to mention here that neither the owner of the vehicle nor the Insurance Company has preferred either any counterappeal or any cross -objection.

(3.) THEREFORE , the only question that arises for determination in this appeal is whether in the facts of the present case, the learned Tribunal below was justified in awarding the aforesaid amount of Rs.1,65,500/ - as compensation.