MINOR KINJALBEN Vs. MALEK SARIFMIYA NURAMIYA

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 (Main), Mehsana, (hereinafter referred to as "the Tribunal") vide impugned judgment and award dtd. 18/8/2017 passed in M.A.C.P. No.279 of 2014, whereby the Tribunal has partly allowed the claim petition and awarded a sum of Rs.89,000.00.

(2.) Brief facts of the present case are that, on 21/8/2013, minor appellant alongwith her parents was walking on the Nandasan - Kadi road as a pedestrian and when they reached at the place of accident, the drive of the S.T. Bus bearing registration No.GJ-18-Y-4637 came with full speed and in rash and negligent manner and in wrong side and dashed with minor appellant. As a result, the appellant had sustained serious injuries and suffered permanent disability. Hence, the appellant - original claimant has filed M.A.C.P. No.279 of 2014 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.89,000.00 under different heads as against the claim of Rs.1,00,000.00.

(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.