SANJAY MAHENDRABHAI MEHTA Vs. SHIVLAL KANJI CHOTALIYA

JUDGEMENT

(1.) THE appellant has preferred this appeal under section 173 of the Motor Vehicles Act, 1988 (the M.V.Act, for short) to challenge the judgement and award dated 15/2/2002 rendered by Motor Accident Claims Tribunal (Main), Jamnagar in M.A.C.P. No. 405 of 1994.

(2.) THE background facts of the present appeal are that the appellant was travelling in Fiat Motor Car bearing Registration No. GBQ 2000 from Junagadh to Jamnagar to attend the marriage of Shri Jayesh Tolia, who was also travelling in same car with the appellant. The driver was driving the car at an excessive speed and therefore, when the car reached near Haripur, he lost the control over the car, which dashed with the tree. The appellant and other occupants of the car sustained injuries and the driver suffered fatal injuries and died on the spot. The claimant and other injured occupants preferred claim petition before the Motor Accident Claims Tribunal, Jamnagar. The claimant filed Claim Petition No. 405 of 2004 to claim compensation of Rs. 4,00,000/ from the owner and insurer of the offending Fiat Car. The Tribunal by the impugned award, awarded Rs. 1,20,500/ with 9% interest from the date of filing of the petition. The appellant is aggrieved and dissatisfied of the quantum of compensation awarded by the Tribunal and therefore, he has questioned the impugned award in this appeal.

(3.) I have heard learned advocate Mr. Niraj Bhatt for learned advocate Mr. Zubin Bharda for the appellant and learned advocate Mr. S.B.Parikh for the respondent insurance company.