MADHUBEN MAJNJIBHAI Vs. MANJI TAPU KAMANI

JUDGEMENT

(1.) THIS appeal under section 173 of the Motor Vehicles Act ["the Act" for short] is at the instance of two sons of a deceased -pillion rider, who died for the negligent driving of the owner and the driver of the motorcycle, who happens to be the father of the claimants. The appellants challenge the award impugned herein passed by M.A.C.T. [Main], Jamnagar, in Claim Petition No. 268 of 1999, thereby awarding compensation of Rs. 2,16,125/ - with interest at the rate of 9% p.a from the date of the application till realization, and have prayed for enhancement of the compensation awarded by the learned Tribunal.

(2.) IT appears that in the accident, no other vehicle was involved. It further appears that the vehicle in question was insured by the United India Insurance Company Ltd and insurance was limited to third party liability without any coverage for the pillion -rider. Although the accident occurred on 27th April 1993, it appears that the claimapplication was filed by the deceased herself on 12th April 1999.

(3.) SUBSEQUENTLY , she having died in the year 2001, in her place, her two sons were substituted. The original claimant claimed an amount of Rs. 7.00 lakh for the injuries suffered.