JUDGMENT

1. This is first appeal is preferred by the claimant for enhancement of the compensation awarded by the learned Motor Accident Claims Tribunal (Auxiliary), Kheda at Nadiad in Motor Accident Claim Petition No. 2448 of 1998 vide judgment and award dated 07.01.2009.

2. Brief facts giving rise to the present appeal are as under:

2.1 On the day of incident minor appellant was riding a bicycle. At that time, a tractor-trailer came in a rash and negligent manner and had dashed the bicycle of the appellant. Due to which he had fallen down and had sustained serious injuries.

2.2 Then after, the appellant had filed a petition under Section 166 of M.V. Act before the learned Motor Accident Claims Tribunal (Aux.) at Nadiad being MACP No. 2448 of 1998 for claiming Rs. 5,00,000/- as compensation against the driver of the said tractortrailer.

3. Heard the learned counsel Mr. MTM Hakim for the original appellant-claimant and Ms. Lilu K. Bhaya, learned counsel on behalf of the defendant–Insurance Company. Though the notice served to the other defendant, none appears for the opponent No. 1 and 2.

4. Learned advocate for the applicant has submitted that the learned Tribunal has committed an err