SHARDABEN RAMESHBHAI PATEL Vs. RAJESHBHAI RATILAL SHAH

JUDGEMENT

(1.) THIS appeal is for enhancement of the compensation than awarded by the Tribunal as per its judgment and award dated 02.05.2002 in Motor Accident Claims Petition No.152 of 2001.

(2.) INITIALLY , the original claimant had filed a Compensation Petition under Section 166 of the Motor Vehilc Act and, thereafter, during the pendency of said petition, vide an application, Exh.20, a request was made to convert the same into an application under Section 163A and order to that effect came to be passed. At the end of trial, the Tribunal has awarded total compensation of Rs.5,60,000/ -, but 1/3 amount has been deducted from the above referred amount and ultimately, Rs.3,83,000/ - has been awarded. Being aggrieved by the same, the present appeal has been preferred.

(3.) HEARD learned counsel for the appellant, Mr.Joy Mathew and learned counsel for the respondent no.2, Mr.Rajni Mehta. It is to be noted that learned counsel, Mr.S.A. Querishi is appearing for the respondent no.1, however, he is not present in the Court.