MANOJBHAI RANCHHODBHAI BHOI Vs. YASINBHAI AHMEDBHAI VAHORA

JUDGEMENT

(1.) This First Appeal is filed by the appellants - original claimant under Sec. 173 of the Motor Vehicle Act challenging the judgment and award dtd. 19/9/2019 passed by the learned Motor Accident Claim Tribunal (Aux.) at Anand in Motor Accident Claim Petition No.475 of 2017. The said judgment and award according to the appellants herein is contrary to the settled principles of law as laid down in the case of Kishan Gopal and Ors., Vs. Lala and Ors., reported in (2014) 1 SCC 244 and that the quantum of the award is on lower side and contrary to the evidence on record.

(2.) The brief facts leading to the filing of the present appeal read thus :-

(3.) The legal representatives of the deceased daughter who was aged five months approached the learned Claim Tribunal by filing MACP No.475 of 2017 at MACT Anand under the provision of 163A of MV Act, 1988 for the compensation to the tune of Rs.2,09,500.00. The Tribunal by judgment and award dtd. 19/9/2019 awarded Rs.1,69,800.00 together with interest at the rate of 9% to the appellants. The said judgment and award dtd. 19/9/2016 reads thus :-