SADANAND ANANDRAO SHRIGONDEKAR Vs. NAZIM AMIRUDDIN

JUDGEMENT

(1.) THIS appeal has been filed against judgement and award dated 30.09.2009 passed in MACP No. 484 of 1995 by the Motor Accident Claims Tribunal, Fast Track Court No1, Vadodara, whereby the claim petition was partly allowed.

(2.) THE facts in brief are that on 22.12.1994 at about 12.15 p.m., the appellant-claimant was going towards Gas Office to Fire Brigade Center side by driving Luna No. GAS-6223. At that time, opponent no. 1 came from wrong direction by driving Maruti No. GJ-6-K-2745 with full speed and also in rash and negligent manner and he dashed with the Luna, as a result of which, claimant sustained injuries. THE appellant-claimant has therefore filed the petition for compensation in the sum of Rs. 5,00,000/- alongwith costs and interest @ 18% p.a. before the Motor Accident Claims Tribunal, Vadodara. THE said application was partly allowed. Hence, this appeal.

(3.) WITH regard to disability, Dr. K.N.Patel, who treated the claimant, was not examined. However, looking to the available evidence, the disability is taken at 17% and nothing is pointed out to take a different view of the matter.