LAKHMANBHAI RAMBHAI BARAD Vs. RAVJIBHAI RANCHHODBHAI PARMAR

JUDGEMENT

(1.) The present appeal is filed at the instance of the original claimants, who are the heirs and legal representatives of the deceased - Mensibhai Lakhmanbhai Barad, who unfortunately passed away at the age of 19 years in the motor accident.

(2.) The original claimants are the appellants of the deceased- Mensibhai Lakhmanbhai Barad (hereinafter to be referred as the deceased). In the present appeal preferred under Sec. 173 of the Motor Vehicles Act, 1988, the original claimants have challenged the judgment and award dtd. 10/8/2018 passed by the learned M.A.C.T. (main) and Principal District Judge, Gir-Somnath at Veraval in M.A.C.P. Case No.94 of 2010.

(3.) By the said judgment and award, the learned Tribunal was pleased to partly allow the claim petition preferred by the present appellants awarding the compensation of an amount of Rs.3,40,000.00 along with the interest at the rate of 7.5% per annum from the date of registration of the claim petition, till its actual realization within a period of one month thereafter. While passing the aforesaid judgment and award against the owner-original opponent No.1, the Tribunal has dismissed the claim petition against the original opponent No.2- HDFC ERGO General Insurance Co. Ltd. (for short Insurance Company).