MEJABEEN RAFIQ CHAMDIYA Vs. LATA ASHOK HIWALE

JUDGEMENT

(1.) THIS appeal, filed by the Appellant, seeks enhancement in the amount of compensation. Appellant was the claimant in the court of learned Member, Motor Accident Claims Tribunal, Shrirampur, district ahmednagar. It was Motor Accident Claim Petition No. 145 of 2002 filed under section 166 of the Motor Vehicles Act seeking compensation of Rs. 3 Lakhs. There were two respondents; Respondent No. 1 the owner of the motor vehicle bearing Registration No. MH-17-A-5995 and Respondent No. 2 the Insurance company with whom said vehicle was insured at the relevant time (parties hereinafter are referred to their status as claimants and respondents, respectively ).

(2.) THE Tribunal, after considering the evidence on record, allowed the application partly. The Respondent Nos. 1 and 2 were directed to pay or deposit an amount of Rs. 1,02,500/- with interest at the rate of 6% p. a. from the date of application till its realisation in full and proportionate costs of the petition. This award was passed by the learned Tribunal on 26th February, 2007.

(3.) THIS appeal, by the claimant, is for enhancement in amount of compensation. This being first appeal, this Court under Order 41 Rule 31 of the code of Civil Procedure, is required to frame points for determination. Despite this fact, I am framing only two points for determination for the reason that rashness and negligent manner of driving the vehicle by the driver, at the relevant time, is not disputed by the Respondents. The claimant is seeking enhancement in the amount of compensation. Looking to the nature of this appeal, following two points, in my view, would suffice the purpose. <FRM>JUDGEMENT_806_MHLJ5_2009Html1.htm</FRM>