LAWS(GJH)-2015-6-37

ECONOMIC TRANSPORT ORGANIZATION Vs. KENA PANKAJ PATEL

Decided On June 12, 2015
ECONOMIC TRANSPORT ORGANIZATION Appellant
V/S
Kena Pankaj Patel Respondents

JUDGEMENT

(1.) AS both the First Appeals are Cross Appeals and as such challenging the impugned judgment and award passed by the learned Motor Accidents Claim Tribunal (Main) Valsad at Navsari (hereinafter referred to as 'the tribunal') dated 20/07/1994 in M.A.C.P No.260/1987 both these First Appeals are decided and disposed of by this common judgment and award.

(2.) FEELING aggrieved and dissatisfied with the impugned judgment and award passed by the learned tribunal in M.A.C.P. No.260/1987 by which the learned tribunal has restricted the liability of the Insurance Company to pay the compensation to the original claimant up to Rs.1,50,000/ - only and has awarded to the original claimants the compensation for the death of the deceased father at Rs.5,80,500/ - with 15% interest thereon from the date of the Claim Petition till realization, the appellant herein -original opponent no.2 -owner of the vehicle involved in the accident has preferred First Appeal No.5182/1995.

(3.) THE facts leading to the present First Appeals in nutshell are as under;