LAWS(GJH)-2016-6-260

JAGRUTIBEN SUBODHBHAI CHAMPANERIA Vs. LALJIBHAI HIRABHAI KHATRI

Decided On June 06, 2016
Jagrutiben Subodhbhai Champaneria Appellant
V/S
Laljibhai Hirabhai Khatri Respondents

JUDGEMENT

(1.) Heard learned advocate Mr. P. J. Yagnik for the appellant and learned advocate Mr. Sunil B. Parikh for the respondent. Perused the Record and Proceedings.

(2.) The appellant is a claimant being victim of a road accident. She has claimed an amount of Rs.2,00,000/- by filing Motor Accident Claims Petition No. 50 of 1989 before the Motor Accident Claims Tribunal of Ahmedabad district at Ahmedabad Rural against driver, owner and insurer of the vehicle, which was involved in an accident. By impugned judgment and order dated 15.02.2005, the tribunal and 8th Additional District Judge, Ahmedabad (Rural) has awarded an amount of Rs.78,380/- only and, therefore, appellant has challenged such award for quantum only for remaining amount of Rs.1,21,620/-.

(3.) Opponents are driver, owner and insurer of the vehicle in question. However, when they have not challenged the award, there is no issue regarding their liability to pay compensation and, therefore, the only issue which needs to be considered is to the effect that whether tribunal has awarded just and reasonable compensation to the claimant or not.