STATE OF GUJARAT Vs. MAVJIBHAI PREMJIBHAI SAVANI

JUDGEMENT

(1.) This appeal under section 173 of the Motor Vehicles Act, 1988 [the MV Act, hereafter] is at the instance of the claimants and is directed against an award dated 24th June 2005 passed by the Motor Accident Claims Tribunal [Aux.], Jamnagar in MACP No. 747 of 1998 thereby awarding a sum of Rs.1,03,000/- with interest at the rate of 9% per annum from the date of filing of the claim petition till December 2000 and thereafter at the rate of 6% per annum till date of realization.

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

(3.) It may not be out of place to mention here that against the aforesaid award neither the owner, nor the driver nor the insurer of the offending vehicle has filed any appeal or cross objections disputing the correctness of the award. Therefore, the factum of the accident, negligence of the driver of the offending vehicle and coverage of insurance are not in dispute.