LAWS(SC)-2023-2-33

CHAUS TAUSHIF ALIMIYA Vs. MEMON MAHMMAD UMAR ANWARBHAI

Decided On February 16, 2023
Chaus Taushif Alimiya Appellant
V/S
Memon Mahmmad Umar Anwarbhai Respondents

JUDGEMENT

(1.) Leave granted.

(2.) Both the appellants, namely Chaus Taushif Alimiya (hereinafter referred to as "Alimiya") and Saikh Taufik Mohammad Sokat (hereinafter referred to as "Sokat") were travelling together in the same vehicle Wagon-R Car bearing registration No. GJ18AM7711. The said vehicle met with an accident on 22/8/2012, resulting into severe injuries to both the appellants.

(3.) M.A.C.P. No. 638 of 2012 was filed by Sokat claiming compensation of Rs.5,00,000.00 whereas M.A.C.P. No. 122 of 2013 was filed by the other appellant Alimiya who claimed compensation of Rs.50,00,000.00 under sec. 166 of the Motor Vehicle Act, 1988. In the accident, Sokat suffered a permanent disability of 70% whereas Alimiya suffered permanent disability of 95%. The Tribunal vide order dtd. 4/8/2017 awarded compensation as per the following tables: <IMG>JUDGEMENT_33_LAWS(SC)2_2023_1.jpg</IMG> <IMG>JUDGEMENT_33_LAWS(SC)2_2023_2.jpg</IMG>