ARCHANABEN VIPULBHAI Vs. NANDKISHOR VASANT PATIL

JUDGEMENT

(1.) The present First Appeal, under Sec. 173 of Motor Vehicles Act, 1988, is preferred by the appellant-original claimant being aggrieved and dissatisfied with the judgment and award dtd. 11/3/2016 passed by the Motor Accident Claims Tribunal, Surendranagar in Motor Accident Claim Petition No. 321 of 2004.

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

(3.) Learned advocate for the appellant-claimant has submitted that the appellant was giving tuition to students, yet learned Tribunal taken up amount less than rate of minimum wages to compute the compensation. It is further submitted that learned Tribunal has not granted future prospects, though claimant has proved that she was earning more than rate of minimum wages at the relevant time. Secondly, it is submitted that vehicle in which claimant was travelling was passenger carrying vehicle, premium of occupant was taken, which can be visualized from policy produced on record, yet learned Tribunal believed that it is act only policy and exonerated insurance company. Therefore, it is submitted that since learned Tribunal committed error, amount of compensation be enhanced and insurance company be held liable to pay compensation.