MINOR LALA MEHUR RABARI Vs. SHITALDAS JETHANAND SINDHI

JUDGEMENT

(1.) This appeal is directed against the judgment and award passed by the Motor Accidents Claims Tribunal No.2, at Ahmedabad (Tribunal for short, hereinafter), on 9-4-1980, in a Motor Accident Claim Petition No. 2 of 1979. Thus, the appellant has invoked the aids of the provisions of Section 110-D of the Motor Vehicles Act, 1939 ('Act' for short, hereinafter).

(2.) The appellant is the original minor claimant, who filed the aforesaid application for compensation of Rs.' 9999.00 for personal injuries, through his guardian and next friend, against the respondents, who are the original opponents. The injuries to the minor claimant arose out of a vehicular accident which occurred on 30-9-1978. On the unfateful day, the minor claimant was proceeding on his cycle on the correct side of the road. When he reached near bus stand, at Raipur Gate, Ahmedabad, one auto- rickshaw No. GTH- 6164 driven by original opponent No.l came from behind with excessive speed and knocked down the minor claimant. With the result, the minor claimant sustained injuries. Therefore, he claimed compensation of Rs. 9999/-.

(3.) Respondents/original opponents appeared and resisted the claim application by filing written statement, at Ex.23. It was, inter alia, contended that the minor claimant was responsible for the accident as he lost balance on the cycle. The amount of compensation claimed by the minor claimant was also challenged.