DHRUVIT JASHWANTBHAI PATEL Vs. KAMALBHAI B PATEL

JUDGEMENT

(1.) Being aggrieved and dissatisfied with the impugned judgment and award passed by the learned Motor Accident Claims Tribunal (Aux-II), Kalol, District Gandhinagar in M.A.C.P. No. 43 of 2014 dtd. 11/7/2019, by which the learned Tribunal has partly allowed the Claim Petition and directed the Opponents to pay jointly and severely a sum of Rs. 4,36,000.00 to the the Appellant / Original Claimant along with simple interest @ 9% p.a. from the date of the claim petition till its realization, the Appellant - Original Claimant has preferred this Appeal under Ses. 173 of the Motor Vehicle Act, 1988 for enhancement of the award with interest and proportionate costs, on the ground that the judgment and award passed by the learned Tribunal is on lower side, and therefore, the judgment and award passed by the learned Tribunal is absolutely unjust, illegal and improper and contrary to law and facts of the case and evidence.

(2.) Heard learned Advocate Mr. Hiren M. Modi for the Appellant and learned Advocate Mr. Tanmay B. Karia for Respondent No. 2 - The New India Assurance Company Ltd. Though the respondent Nos. 1 and 3 are served, they have chosen not to remain present before this Court.

(3.) Learned Advocate for the Appellant submitted that the Appellant is the original claimant, who has filed MACP under Ses. 166 of the Motor Vehicle Act being MACP No. 43 of 2014 before the learned MACT (Auxi-II) Kalol, District Gandhinagar and Respondent Nos. 1, 2 and 3 are the original opponents.