SHARDABEN SHAMBHURAM DEVMURARI Vs. MOHANBHAI KESHAVDAS KELAIYA

JUDGEMENT

(1.) HEARD learned Advocate Mr. Hiren Modi for the appellants original-claimants and learned Advocate Mr. H. M. Thakker for respondent No. 2-Insurance Company.

(2.) THIS appeal is filed by the appellant-Shardaben Shambhuram Devmurari, original claimant for enhacement of award while challenging the award passed by the Motor Accident Claims Tribunal, Amreli in M. A. C. P. No. 133 of 2004 dated 4th March, 2008 wherein the Claims Tribunal has awarded compensation of Rs. 3,00,000/- to the claimants with interest at the rate of 9 percent per annum.

(3.) LEARNED Advocate Mr. Modi for the appellant submitted that the claim petition was filed by claimant for Rs. 3,00,000/- under different head, but claims Tribunal has calculated amount of compensation which comes to rs. 3,63,000/- but that was not awarded because the claimant has claimed Rs. 3,00,000/-only, therefore, same amount was awarded though Claims Tribunal calculated amount of Rs. 3,63,000/- for the claimants which amounts to basic error on the part of Claims Tribunal as there is no restriction in the Motor vehicles Act, 1988 to award compensation more than that claimed by the claimant. In support of his contention, he placed reliance on the decision of this Court reported in 2005 (3) GLH 651 in case of Manohar Madhukar Tambe v. Bhagubhai Liladhar and Ors. , and submitted that Claims Tribunal has committed gross error in not awarding the total amount of Rs. 3,63,000/- only on the ground that claimant has made claim of Rs. 3,00,000/- only.