JASHIBEN SURESHBHAI MUNDHAVA Vs. ASHOK BABUBHAI ANSHUDHARA

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. 19/4/2018 passed by the learned Motor Accident Claims Tribunal (Auxiliary), Rajkot at Jetpur (Tribunal) in Motor Accident Claim Petition No. 31 of 2015 (claim petition), which was preferred under Sec. 166 of the MV Act, whereby, against a claim valued at Rs.15.00 lakh for the fatal accident that had occurred on 16/1/2015, the Tribunal has awarded a sum of Rs.7,78,750.00 with interest at the rate of 7.5% per annum from the date of claim petition till realization after deducting 10% amount towards negligence of the deceased, 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.) Though served, the respondent No. 1 has put in no appearance and accordingly, the Court proceeded with the final hearing of the matter. Heard, learned advocate Mr. Nishit A. Bhalodi for the appellants - original claimants and learned advocate Mr. Maulik J. Shelat for the respondent No. 2 - insurance company.