PARAG JAGDISHKUMAR NATVARLAL JAYASWAL Vs. YOGESHKUMAR JAGDISHBHAI JAYSWAL

JUDGEMENT

(1.) This is an appeal filed under Sec. 173 of the Motor Vehicles Act, 1988 (MV Act) by appellant - original claimant challenging the judgment and award dtd. 13/6/2019 passed in Motor Accident Claim Petition No. 972 of 2017 (Old No. 195 of 2008) by the learned Motor Accident Claims Tribunal (Auxiliary), Dahod at Limkheda, whereby, against the claim of Rs.1.20 lakh for the injuries sustained by the original claimant - a minor at the relevant point of time, in an accident that had occurred on 2/3/2008, the Tribunal has awarded an amount of Rs.34,750.00 with 8% interest per annum from the date of filing the claim petition till 1/10/2014 and from the date of award 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.) Though served, none has appeared for the respondent Nos. 1 and 2. Accordingly, heard, learned advocate Mr. Adnan Khan for learned advocate Mr. Mohsin M. Hakim for the appellant and learned advocate Mr. Mandeep Singh Saluja for the respondent No. 3 - insurance company.

(3.) The learned advocate for the appellant has mainly contended that the appellant - claimant had sustained 9% disability body as a whole, and accordingly, the Tribunal ought to have passed the award taking into consideration the law laid down by the Apex Court in Mallikarjun V. Divisional Manager, The National Insurance Company Limited and Others, , however, the Tribunal has not considered the same. The learned advocate for the appellant would also urge that the Tribunal has awarded a meager amount under other heads. Accordingly, it is urged to enhance the amount of compensation in view of the aforesaid decision and thereby, to allow this appeal.