GANESH SHIVKUMAR SAHANI Vs. ORIENTAL INSURANCE CO LTD

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 31st March 2005 passed by the Joint District Judge and Motor Accident Claims Tribunal (Auxiliary), Fast Track Court No.3, Jamnagar, in Motor Accident Claims Petition No.198 of 1999 thereby awarding a sum of Rs.3,44,000/ - with interest at the rate of 9% p.a. from the date of filing of the claim petition till December 2000 and thereafter at the rate of 6% p.a. till realization for the death of the predecessor in interest of the claimants.

(2.) BEING dissatisfied, the claimants have come up with this appeal for enhancement. It may not be out of place to mention here that neither the owner nor the insurance company of the offending vehicle has either filed any appeal or cross -objection challenging the award.

(3.) THEREFORE , the only question that arises for determination in this appeal is whether there is any scope of enhancement of the award passed by the learned tribunal.