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2013 DIGILAW 718 (GUJ)

Sikandar Ahmed Sayid Guniya v. Iqbal Abdulmajid Khandu

2013-12-09

K.J.THAKER

body2013
JUDGMENT : K.J. Thaker, J. By way of this appeal, the appellant has challenged the judgment and award dated 03.11.2007, passed by the Motor Accident Claims Tribunal (Auxi.), Panchmahals at Godhra, in M.A.C.P. No. 1165 of 1997, whereby the tribunal has awarded compensation in the sum of Rs.87,040/- to the claimants along with interest at the rate of 7.5% per annum from the date of filing of the petition till realization. 2. The brief facts leading to filing of this appeal are that on 20.03.1997, a vehicular accident occurred between two trucks bearing registration Nos. GJ-17-X-2297 and TN-32-2471. In the said accident one Sikandar Ahmad Said Guniya, present appellant sustained injuries. Therefore, he filed claim petition before the Tribunal for compensation. The Tribunal after hearing learned advocates for both the parties and after recording the evidence decided the claim petition and passed the award as stated herein above. Being aggrieved by the same, the present appeal is filed by the appellant herein for enhancement. 3. Heard learned counsel for the parties and perused the material on record. It is very strange as to why the Insurance Company has not preferred any appeal against the impugned award. It also appears that the Insurance Company has utmost sympathy towards the present appellant. The Tribunal by holding him 50% negligent has awarded Rs.87,040/. I am of the view that it is nothing but a premium to a wrong doer. Hence, the present appeal for enhancement of award is devoid of any merits and I find no reasons to entertain the present appeal. 4. In the result, this appeal is dismissed. No order as to costs. Appeal dismissed.