MANSURI RAFIKBHAI SULEMANBHAI Vs. PATEL BHIKHABHAI DAHYABHAI

JUDGEMENT

(1.) This appeal under section 173 of the Motor Vehicles Act is at the instance of the claimant in a proceeding under section 166 of the Motor Vehicles Act and is directed against an award dated 19th April 2006 passed by the Motor Accident Claims Tribunal (Auxi.), Sabarkantha at Himatnagar in M.A.C.P.No.136 of 2005 thereby awarding a sum of Rs.62,000/ - as compensation for the injury suffered by the claimant.

(2.) Being dissatisfied, the claimant has come up with the present appeal.

(3.) It may not be out of place to mention here that neither the insurance company nor the owner of the offending tractor has preferred any appeal or cross objection. Therefore, the involvement of the vehicle in the accident and coverage of the insurance is also not in dispute. The only question that arises for determination in this appeal is whether in the fact of the present case, the Tribunal below was justified in awarding the aforesaid amount as compensation.