LAWS(GJH)-2021-11-469

DHULIBEN MANABHAI VANKAR Vs. ABDUL GAFAR AAITUBBHAI PINJARA

Decided On November 26, 2021
Dhuliben Manabhai Vankar Appellant
V/S
Abdul Gafar Aaitubbhai Pinjara Respondents

JUDGEMENT

(1.) This is an appeal filed under Sec. 173 of the Motor Vehicles Act, 1988 (hereinafter be referred to as "the Act") by appellants - claimants calling in question the correctness and legality of the judgment and award passed in M.A.C.P. No.6335 of 2004 (Old M.A.C.P. No.2002 of 2003) by the Motor Accident Claims Tribunal at Dahod (hereinafter be referred to as "the Tribunal") whereunder claim petition filed has been allowed in part and a total compensation of Rs.6,60,000.00 with interest @ 7.5% per annum has been awarded as against claim of Rs.12,00,000.00.

(2.) Facts in nutshell which has led to filing of this appeal are as under.

(3.) The Tribunal after evaluating the pleadings and oral and documentary evidence tendered by the parties as noticed hereinabove awarded total compensation of Rs.6,60,000.00 under two heads i.e. (1) Rs.6,38,000.00 towards future loss of income and (2) Rs.22,000.00 towards funeral, transporation and pain, shock and suffering in all Rs.6,60,000.00 with running interest @ 7.5% p.a.