RAVIKUMAR V BHARDWAJ Vs. KARSHANBHAI M BHARVAD

JUDGEMENT

(1.) .Both these appeals under Sec. 110-D of the Motor Vehicles Act, 1939, (Old Act) arise out of common judgment rendered in M.A.C.P. No. 157 and 163 both of 1982 and also raise out of the common accident between the common parties and raised similar question, therefore, they are being disposed of by this common judgment.

(2.) . F.A. No. 512 of 1986, is against the award of Rs. 96,000/- for personal injuries against the claim amount Rs. 1,50,000/- by passenger in auto rickshaw (Claimant Ravi) in M.A.C.P. No. 157 of 1982 whereas, F.A. No. 279 of 1982, is filed by the auto rickshaw driver in M.A.C.P. No. 163 of 1982, wherein, the Tribunal has assessed an amount of Rs. 52,000/- against the claim of Rs. 1,00,000/- for personal injuries, but awarded only Rs. 26,000/- holding the claimant being the rickshaw driver, as contributory negligent in happening of the accident, which took place on 17-12-1981 at about 12:00 noon.

(3.) . In short, both these appeals are at the instance of claimant. In one appeal, injured claimant Ravi has claimed enhancement of Rs. 25,000/- only, whereas, rickshaw driver has claimed full amount of Rs. 1,00,000/- inter alia contending that contributory negligence of 50% in the happening of road accident is wrongly made and also challenged the quantum of compensation for personal injuries. We have extensively examined the documentary and testimonial evidence laid before the Motor Accident Claim Tribunal, Auxiliary at Ahmedabad and having considered the facts and circumstances and the relevant proposition of Law of Tort.