SMITABEN GANPATBHAI PATEL Vs. ZAHIR HUSSAIN RASULBHAI KURESHI

JUDGEMENT

(1.) THIS appeal under Section 173 of the Motor Vehicles Act is at the instance of the claimants in a proceeding under Section 166 of the Motor Vehicles Act and is directed against an award dated 28 th April 2004 passed by the Motor Accident Claims Tribunal, Ahmedabad Rural, in Motor Accident Claims Petition No.1529 of 1999 thereby awarding a sum of Rs.2,14,000/ - with interest at the rate of 9% p.a. from the date of filing till realization with a direction upon the insurance company to pay the said amount.

(2.) BEING dissatisfied the claimants have come up for enhancement of the amount.

(3.) MR .Sandip Shah, the learned advocate appearing on behalf of the appellant strenuously contended that the approach of the tribunal below was totally wrong inasmuch as the tribunal failed to consider the future prospect of the victim and, in such circumstances, according to Mr.Shah, it is a fit case where the principle laid down by the Supreme Court in the case of Sarla Verma and Others v. Delhi Transport Corporation and Another reported in (2009) 6 SCC 121 should be followed.