ORIENTAL INSURANCE CO. LTD Vs. ANITA SANJAYKUMAR PATEL

JUDGEMENT

(1.) Feeling aggrieved by and dissatisfied with the common judgment and award dated 07.11.2009 passed by learned Motor Accident Claims Tribunal (Aux.) and Presiding Officer, Fast Track Court No.2, Vadodara, (hereinafter referred to as "the Tribunal" for short), in Motor Accident Claim Petition Nos.1055/2004, the appellants - original claimants preferred First Appeal No.985/2011 for enhancement of compensation, whereas the Oriental Insurance Company preferred First Appeal No.696/2010, under Sec. 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as "the Act" for short). Therefore, both these appeals were heard together and are hereby disposed of by this common judgment.

(2.) Heard Mr.M.T.M Hakim, learned counsel for the appellant - original Claimant and Ms. Karuna Rahevar, learned counsel for the Insurance Company in First Appeal No.985/2011. Heard Ms.Karuna Rahevar, learned counsel for the appellant - Insurance Company and Mr. M.T.M Hakim, learned counsel for respondent No.1. No one appears for other respondents in First Appeal No.696/2010. Perused the original record and proceedings.

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