KOKILABEN Vs. RAYSINGBHAI

JUDGEMENT

(1.) The present First Appeal, under Sec. 173 of Motor Vehicles Act, 1988 (for short 'the Act'), is preferred by the appellants ' original claimants being aggrieved and dissatisfied with the judgment and award dtd. 5/1/2010 passed by the Motor Accident Claims Tribunal, Narmada at Rajpipla in Motor Accident Claim Petition No.862 of 2006 (Old No.390 of 2005), whereby, the learned Tribunal has exonerated the insurance company from paying the amount of compensation. The learned Tribunal has awarded Rs.4,48,000.00 together with proportionate cost and interest at 7.5% from the date of filing the claim petition till realization.

(2.) Brief facts of the case are as under:-

(3.) Learned advocate Mr. Hakim for the appellants ' original claimants assailed the impugned judgment and award on two counts. Firstly, he would submit that the learned Tribunal has committed serious error in exonerating the insurance company from specifying the liability to pay compensation for and on behalf of the owner of the offending vehicle and secondly, the learned Tribunal granted compensation on lower side ignoring the compensation for loss of future prospect as well as compensation for consortium etc. He would further submit that 1/4th towards personal and pocket expenses is required to be deducted as the deceased is survived by 5 dependents.