JAGDISHBHAI DEVIDBHAI SHIYONI Vs. ASHFULLAKHAN SIKANDARKHAN PATHAN

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied by the judgment and award dated 27.03.2017 passed by the Motor Accident Claims Tribunal (Aux), Kheda at Nadiad, in MACP No. 611/16, the appellants-original claimants have preferred this appeal under section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as the "Act").

(2.) Heard Mr. Nishit Bhalod, learned advocate for the applicant and Mr. Yogi Gadhia, learned advocate for the respondent no.2 Insurance Company. The present appeal is directed only against quantum and the liability is not denied by the insurance company. As the present appeal is directed only against quantum and the liability is not denied by the insurance company, the presence of respondent no.1 is not necessary for deciding the present appeal. It is pointed out that no appeal is preferred by the insurance company. The learned counsels appearing for the parties therefore contended that the matter be taken up for final disposal forthwith and the learned advocates for the parties have also produced for perusal of this Court the oral as well as documentary evidence adduced by the appellants-original claimants being exhibit 12, examination in chief of appellant no.1 Jagdishbhai, FIR at exhibit 14, panchnama at exhibit 15, inquest panchnama at exhibit 16, RC book of the tempo at exhibit 17, insurance policy of the temp at exhibit 18, driving license of Sarfarajkhan Pathan at exhibit 19 and PM Note of the deceased Arpan at exhibit 20 and accordingly, the learned advocates were heard for final disposal.

(3.) The following facts emerge from the record of the appeal:-