NAZIYABANU AIYUBBHAI MALEK Vs. AALERASUL SHAFIMIYA KAZI

JUDGEMENT

(1.) The present Appeal is filed by the appellant - original claimant seeking enhancement of the compensation amount awarded by the Motor Accident Claims Tribunal (Auxi.) and 4 th Additional District Judge, Kheda at Nadiad, (hereinafter referred to as "the Tribunal") vide impugned judgment and award dtd. 28/6/2018 passed in M.A.C.P. No.722 of 2011, whereby the Tribunal has partly allowed the claim petition and awarded a sum of Rs.89,610.00.

(2.) Brief facts of the present case are that, on 3/2/2011, the present appellant alongwith his two daughters were travelling in a rickshaw, driven by respondent No.1 and owned by respondent No.2, bearing registration No.GJ-7-VV-1391, for offering prayers. The respondent No.1 was driving the rickshaw in a rash and negligent manner and when the rickshaw reached near Pipli, it get turtled on the road and at that time, the S.T. Bus coming from the opposite side dashed with the rickshaw. On account of such accident, the appellant received serious injuries and initially was admitted at Dhandhuka Government Hospital. Thereafter, she was shifted to V.S. Hospital, Ahmedabad and was treated as indoor patient for a long time. Hence, the appellant - original claimant has filed M.A.C.P. No.722 of 2011 before the Tribunal. The Tribunal, after evaluating the pleadings and evidence tendered by the parties, partly allowed the claim petition and awarded a sum of Rs.89,610.00 under different heads as against the claim of Rs.4,00,000.00.

(3.) It came to be held by the Tribunal that said amount was ordered to be awarded to the deponents. Not being satisfied with the compensation amount, this appeal has been filed.