DAYABHAI GHUSABHAI PATEL Vs. SHAMJI SURABHAI KOLI

JUDGEMENT

(1.) This appeal under the old Motor Vehicles Act is at the instance of a claimant and is directed against an award dated 26th April, 1993 passed by the Motor Accident Claims Tribunal (Main), Rajkot District at Rajkot in M.A.C. Case No. 643 of 1988, thereby disposing of the proceeding under Section 110(A) of the Motor Vehicles Act, 1939 (hereinafter referred to as 'the Act') by awarding a sum of Rs. 15,000 with interest at the rate of 15% per annum from the date of filing of the claim petition till realisation with further amount of proportionate cost.

(2.) Being dissatisfied, the claimant has come up with this appeal for enhancement of the amount.

(3.) According to the averments made in the claim-application under Section 110(A) of the Act, the claimant was the owner of a Tractor bearing No, GJQ-9868. While the Trailer was standing stationary on Rajkot-Gondal road on the Kachcha border of the road and black soil and road metal were being unloaded from the Trailer on 28th May, 1988, a Matador bearing No. GRP-5456 came from the opposite direction and dashed against the said Tractor, as a result the Tractor was severely damaged. According to the appellant, the accident occurred as a result of rash and negligent driving on the part of the driver of the Matador owned by the Respondent No. 2 and insured with the Respondent No. 3.