HARMANBHAI GORDHANBHAI PATEL Vs. NANURAM DHANRAJ JATE BAMANIYA

JUDGEMENT

(1.) The present appeal is filed by the original-claimant under Sec. 173 of the Motor Vehicles Act against the judgment and award passed in Motor Accident Claim Petition No. 309 of 2008 by the Motor Accident Claims Tribunal, Vadodara, by which, the claim petition of the claimant is partly allowed to the tune of Rs.1,01,120.00 with 7.5% interest by judgment and award dtd. 22/3/2013. The claimant has filed the present appeal for further enhancement of Rs.3.00 lakhs.

(2.) The brief facts of the present appeal are that, the appellant-claimant viz., Mr. Harmanbhai Gordhanbhai Patel was coming from Varnama to Vadodara by driving his scooter bearing registration No. GJ-06-BM-9024 on National Highway No.8 on 29/10/2005. He was driving his scooter in moderate speed, by following the traffic rules, and that when he reached near Varnama Navinagari, at that point of time, the respondent No.1, who was driving Tanker bearing registration No. GJ-06-X- 8874 in rash and negligent manner, had come on wrong side and dashed with the scooter of appellant-claimant and the claimant has sustained serious fracture injuries on his right hand and other parts of the body due to that accident and therefore, claimant has filed this claim petition to get Rs.5.00lakhs towards compensation by filing Motor Accident Claim Petition No. 309 of 2008 against the respondents before the Tribunal.

(3.) The opponent Nos.1 and 2 have jointly filed the written statement at Exh. 8, wherein the opponents have stated that the claim is not correct. It is averred in the written statement that the date of accident, time and registration number of the Truck and the particulars of the accident are not acceptable to the opponent Nos.1 & 2.