FATESINH BHAGWANDAS Vs. JITENDRAKUMAR MUNNALAL SAROJ

JUDGEMENT

(1.) This is an appeal under Sec. 173 of the Motor Vehicles Act, 1988 (MV Act) filed at the instance of the appellants - original claimants against the judgment and award dtd. 15/12/2018 passed by the learned Motor Accident Claims Tribunal (Auxiliary), Rajpipla, Dist.: Narmada (Tribunal) in Motor Accident Claim Petition No. 296 of 2015 (claim petition), which was preferred under Sec. 166 of the MV Act, whereby, against a claim valued at Rs.8.00 lakh for the fatal accident that had occurred on 24/8/2015, the Tribunal has awarded a sum of Rs.4,75,000.00 with interest at the rate of 9% per annum from the date of claim petition till realization, holding liable the opponents therein to pay the compensation to the appellants - original claimants. Hence, grieved claimants have filed this appeal on the point of quantum.

(2.) Since, the facts of the accidents are not in dispute, the same are not detailed here.

(3.) The respondent No. 1 is already deleted by virtue of an order dtd. 28/8/2019 passed by the coordinate Bench. The respondent No. 2 is the owner of the offending vehicle. Accordingly, the Court proceeded with the final hearing of the matter. Heard, learned advocate Mr. Sabir B. Saiyyad for the appellants - original claimants and learned advocate Mr. Maulik J. Shelat for the respondent No. 3 - insurance company.