KANTIBHAI NAGARBHAI KHRISTI Vs. KANTIBHAI PUNJABHAI THAKOR

JUDGEMENT

(1.) . Aince common questions are involved in both these appeals, they are being disposed of by this common judgment. These two appeals are directed against the judgment and award passed by the Motor Accidents Claims Tribunal ("Tribunal" for short, hereinafter), at Nadiad, on 5-5-1978, in a Motor Accident Claim Petition No. 300 of 1977. Thus, the appellants have invoked the provisions of Sec. 110-D of the Motor Vehicles Act, 1939 ("Act" for short, hereinafter).

(2.) . The controversy in these two appeals is circumscribed to a very narrow compass and only the following two points are raised : (i) whether the finding of the Tribunal, exonerating the insurer, is illegal and invalid ? (ii) whether the quantum of compensation awarded by the Tribunal is adequate ? In order to appreciate merits of these two contentions, it would be necessary to set out the relevant facts at the outset.

(3.) . Admittedly, the accident occurred, on 1-6-1977, at about 6-30 a.m., when the injured claimant, Kantibhai Nagarbhai Khristi, appellant, in F. A. No. 979 of 1978, was going on foot. At that time, the truck driven by original opponent No. 1 came from behind with an excessive speed and knocked down the claimant. The claimant was injured and he was removed to the hospital. He had undergone treatment. The claimant was working as a labourer at the relevant time. There was also no dispute about the fact that the respondents in Appeal No. 979 of 1978 are the original opponents Nos. 1, 2 and 3, who were the driver, owner and insurer in respect of the offending vehicle, at the relevant time.