CHATRAJI DARGAJI MALI Vs. MOHANBHAI NAGJIBHAI MALI

JUDGEMENT

(1.) The appellant is not happy and satisfied with the quantum of compensation awarded by the Motor Accident Claim Tribunal, (Auxiliary), Banaskantha District, Palanpur vide judgment and award dated 11.11.2009 in Motor Accident Claims Petition No. 189 of 1995. The appellant therefore has preferred present appeal under section 173 of the Motor Vehicles Act, 1988 ("M.V. Act" for short) for enhancement of compensation.

(2.) The relevant facts necessary for the disposal of this appeal are that the appellant was going to Dantivada from Malivar on 23.01.1995 at about 10:00 a.m. in Jeep bearing registration No.GJ 17/9164. Jeep was stopped near Patiya of village Marivash when one Jeep bearing registration No. 8/70 came from behind in a rash and negligent manner and collided and dashed with the jeep in which the appellant was travelling and as a result thereof the appellant suffered serious bodily injuries. He therefore filed Motor Accident Claim Petition No.189 of 1995 in the Motor Accident Claims Tribunal, Palanpur to recover Rs. 5,00,000/- as compensation from the respondents. The Tribunal, by the impugned judgment and award, has partly allowed the claim petition and directed the respondents to pay a sum of Rs. 1,24,145/- with 7% interest and proportionate cost jointly and severally to the appellant.

(3.) The appellant being unhappy with quantum of compensation has filed, this appeal.