UDABHAI RAMABHAI PARMAR Vs. SABDARALI ABBASALI SAIYED

JUDGEMENT

(1.) HEARD learned Advocate Mr. Hakim for appellant original claimant and Mr. SS Gade, learned Advocate for respondent insurance company. Respondents No. 1,2 and 4 have been served but they have not appeared before this Court either in person or through an advocate, therefore, this being an old matter, has been taken up for final hearing.

(2.) BY filing this appeal, appellant original claimant has challenged award made by motor accident claims tribunal, Baroda in MACP NO. 705/86 Exh. 74 wherein claims tribunal awarded compensation of Rs. 15,500.00 with 12 per cent interest thereon in favour of appellant and against opponent no.1 and 4 while exonerating opponent No. 2 and opponent NO. 3 National Insurance Co. Therefore, appellant has, by filing this appeal has prayed for enhancement thereof and for modification thereof in so far it relates to exoneration of opponent no.3 National Insurance Co. by declaring that insurance company is liable to pay compensation to claimant.

(3.) LEARNED Advocate Mr. Hakim appearing for appellant claimant has raised contention that award of Rs.7500.00 made by claims tribunal on head of mental pain, shock and suffering is not just, proper and reasonable as inadequate and claims tribunal ought to have awarded Rs.15000.00 on said head, meaning thereby, claimant ought to have been awarded Rs.7500.00 more on head of mental pain, shock and suffering and award is required tobe modified to that effect as per his submission. He also submitted that claims tribunal has also committed an error in exonerating opponent No.3 National Insurance Co. though vehicle involved in accident was insured with it and accident had taken place during period of insurance as per policy of insurance.