IMRAN YAKUBBHAI BELIM Vs. SUNILBHAI KANJIBHAI VASAVA

JUDGEMENT

(1.) This is an appeal filed under Sec. 173 of the Motor Vehicles Act, 1988 (MV Act) by the appellant - original claimant, challenging the judgment and award dtd. 22/2/2018 passed in Motor Accident Claim Petition No. 1751 of 2001 by the learned Motor Accident Claims Tribunal (Auxiliary) and 10th Additional District Judge, Vadodara, whereby, against a claim of Rs.1.00 lakh for the injuries sustained by the original claimant - a minor at the relevant time, in an accident that had occurred on 18/7/2001, the Tribunal has awarded an amount of Rs.48,500.00 with 9% interest per annum from the date of filing the claim petition till realization holding the opponents therein jointly and severally liable to pay the compensation. Accordingly, the appellant - claimant has filed this appeal for enhancement of compensation.

(2.) Heard, learned advocate Mr. Adnan A. Khan for learned advocate Mr. Mohsin M. Hakim for the appellant and learned advocate Mr. Tanmay B. Karia for the respondent No. 3 - insurance company.

(3.) The sole contention that has been raised by the learned advocate for the appellant in this appeal is that the Tribunal has not properly appreciated the ratio laid down in the decision of the Apex Court in Mallikarjun V. Divisional Manager, The National Insurance Company Limited and Others, , and thereby, has erred in awarding the compensation to the original claimant, who was minor at the relevant time and had suffered 6% disability body as a whole and accordingly, he has urged to enhance the compensation in view of the aforesaid decision and thereby, to allow this appeal.