ORAL JUDGMENT

Judgment and award rendered in MACP No.26 of 2021 on 28/06/2023 by the MACT (Auxi), Tapi at Vyara is sought to be challenged in this appeal whereby the tribunal partly allowed the claim petition awarding compensation of Rs.55,944/- with 6% interest against the total claim of Rs.5,00,000/-.

2. The sole contention of learned advocate for the appellant is that though the tribunal referred the decision of Apex Court in case of Mallikarjun vs. Divisional Manager, the National Insurance Company Limited 2013 ACJ 2445 did not follow the command made therein to grant the compensation; and granted Rs.1,10,000/- as per disability certificate which should be granted Rs.3,00,000/- in proportionate. Moreover, the tribunal has assessed the inter se negligence of the driver of the offending vehicle and deducted negligence of the driver of the Mestro scooter despite the aspect that the claimant is the third party.

3. Learned advocate Mr.Modi would submit that tribunal erred in granting the compensation on lessor side instead of granting Rs.3.00 Lakhs granted Rs.1,10,000/- only and taking proportionate that since the minor victim has sustained disability in 11% amount is to be granted to