CHHAGANBHAI BHATUBHAI Vs. BIJALBHAI MALABHAI(DELETED)

JUDGEMENT

(1.) Heard learned advocate Mr. D. J. Bhatt for the appellant and learned advocate Mr. Palak H. Thakkar for respondent No.3 ­ insurance company. Respondent No.1 being driver of the vehicle in question has been deleted. Whereas respondent No.2 being owner of the vehicle in question, though duly served, has remained absent. Perused the record and proceedings received from the tribunal concerned.

(2.) The appellant is a victim of vehicular accident. He has challenged the award dated 25.11.1992 in M.A.C.P. No.25 of 1986 by the Motor Accident Claims Tribunal (Auxiliary) of Panchamahals at Godhra, who has while allowing the claim petition partly awarded a sum of Rs.1,57,000/- against his claim of Rs.2,73,000/-. Thereby, he prefers an appeal for the enhancement of quantum of compensation. When driver, owner or insurance company has not challenged such award in favour of the appellant, now it is admitted position that appellant has received injuries in vehicular accident and that because of such injuries, respondents are liable to pay compensation to the appellant. Therefore, details of accident and question of negligence need not be discussed in detail. Thereby, the issue to be dealt with in this appeal is limited to the quantum of compensation only.

(3.) For consideration of quantum of compensation that was awarded to the appellant, following information is material:-