ANAND JAYENDRABHAI SHAH Vs. KIRAN RASIKLAL THAKKAR

JUDGEMENT

(1.) Being Aggrieved By The Judgment And Award Dated 28.8.2014 passed by the MACT (Aux.), Mirzapur, Ahmedabad in MACP no.168 of 2000, the original claimants have preferred this appeal under section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as the Act ).

(2.) The Facts As Can Be Culled Out From The Record of the appeal are as under: It is the case of the appellant that the appellant was a pillion rider of motorcycle bearing registration no. GJ 3 BB 2999. That, on 26.6.1999, while they were passing through Shivranjini Society abutting on 132 ft. Ring Road at 9:50 p.m., at that time, the car bearing registration no. GJ 1 BP 2870 belonging to respondent no.1 herein dashed with the motorcycle and it is further the case of the appellant that the car was being driven in a rash and negligent manner.

(3.) Record Further Indicates That The Appellant Was then 19 years old and was pursuing his studies in the first semester in Diploma in Plastic Engineering in Nirma University. It is further the case of the appellant that he was earning Rs. 24,000/- and the appellant filed a claim petition under Section 166 of the Act and claimed total compensation of Rs. 3 lacs. The Tribunal, while partly allowing the claim petition, awarded total compensation of Rs. 1,46,440/- along with 9% interest and cost. Being aggrieved by the said judgment and award, the present appeal is preferred by the appellant for enhancement of compensation.