PRAFULLBHAI PARSOTTAMDAS PATEL HEIRS AND LEGAL REPRESENTATIVES Vs. LAXMIKANT ISHWARBHAI PATEL AND OTHERS

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned judgment and award passed by the learned Motor Accident Claims Tribunal (Auxi.), Bharuch (hereinafter referred to as "Tribunal") in Motor Accident Claim Petition No.569/1997 by which the learned Tribunal has awarded a total sum of Rs.59,620/- with interest at the rate of 9% per annum from the date of application till realization, the original claimant who at the relevant time was injured (now the heirs and legal representatives of the deceased - original injured claimant who died during the pendency of the present appeal) have preferred the present First Appeal to enhance the amount of compensation awarded by the learned Tribunal.

(2.) It is not in dispute that in a vehicular accident which occurred on 27.02.1997 the original claimant sustained injury and permanent partial disablement to the extent of 15%. Therefore, the original injured claimant filed the aforesaid claim petition before the learned Tribunal claiming a total sum of Rs.1,50,000/- towards compensation for the injury/permanent partial disablement sustained by him. That by impugned judgment and award the learned Tribunal has awarded a total sum of Rs.59,620/- towards compensation to the original claimant under different heads and with 9% interest thereon from the date of application till realization. <FRM>JUDGEMENT_287_LAWS(GJH)1_2016.html</FRM>

(3.) As during the pendency of the present appeal, the original injured claimant died and therefore, his heirs and legal representatives are permitted to be brought on record.