BALKESHBEN Vs. SHANABHAI SOMABHAI DABI

JUDGEMENT

(1.) The appellants, being aggrieved by the award dated 17th February, 1981 passed by the learned Motor Accident Claims Tribunal, Kheda at Nadiad in M.A.C.P. No. 154 of 1980, are before this Court with a submission that the learned Tribunal was unjustified in awarding only a sum of Rs.39,750/- to the appellants. They have prayed for enhancement to the extent of Rs.60,000/-.

(2.) In absence of any cross appeal or cross objections, this Court is not required to look into the question of rashness, negligence and liability of the respondents to the extent of 75%.

(3.) The appellants have also not challenged 25% negligence on the part of the deceased - driver, namely, Inayatulla son of Mohamadbhai Vora.