LAWS(GJH)-2014-8-285

MITHABHAI SOMABHAI VANKER Vs. SOMABHAI TANSING BAMANIYA

Decided On August 27, 2014
Mithabhai Somabhai Vanker Appellant
V/S
Somabhai Tansing Bamaniya Respondents

JUDGEMENT

(1.) This appeal under Section 173 of the Motor Vehicles Act is at the instance of the claimants and is directed against an award dated 5th July 2006 passed by the Motor Accident Claims Tribunal (Main) at Dahod in Motor Accident Claims Petition (New) No.415 of 2004 (Old Motor Accident Claims Petition No.562 of 1992), by which the tribunal awarded a sum of Rs.2,47,000/- with interest at the rate of 9% p.a. from the date of filing of the claim application till realization.

(2.) Being dissatisfied, the claimants have come up with the present appeal.

(3.) It appears that neither the insurance company nor the owner of the offending vehicle has preferred any separate appeal or crossobjection disputing the amount. Therefore, there is no dispute about the negligence of the driver of the offending vehicle, involvement of the offending vehicle in the accident and liability of the insurance company.