(1.) The present appeal is filed under Sec. 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as the "Act, 1988") by the original claimant - appellant herein seeking enhancement of the award amount granted by the judgment and award dtd. 29/4/2009 by the Motor Accident Claims Tribunal (Main), Bharuch in MACP No.560 of 2004.
(2.) In nutshell, the occurrence of the accident as explained by the original claimant in the claim petition is reproduced here under:
(3.) The claim petition was preferred by the claimant under Sec. 166 of the Act, 1988, before the Motor Accident Claims Tribunal (Main), Bharuch, which was registered as MACP No.560 of 2004. In the aforesaid claim petition, the driver of ST Bus was joined as opponent no.1 and the Gujarat State Road Transport Corporation was joined as opponent no.2. The driver of the opposite vehicle was joined as respondent no.3 and owner of the said vehicle was joined as opponent no.4. The insurer of the offending vehicle Truck was joined as opponent no.5. Initially, the claimant had sought compensation of an amount of Rs.18.00lakhs, which was subsequently enhanced to Rs.23.00 lakhs in view of the order passed below application at Exh.31, with interest at the rate of 18% p.a and proportionate cost, to be recovered from the opponents jointly and severally.