MANGUBHAI BACHUBHAI KALARA Vs. PARBATSINH BHIMSINH RAJPUT

JUDGEMENT

(1.) This is an Appeal at the instance of the appellant - original claimant under Section 173 of the Motor Vehicles Act, 1988 (for short "the M.V. Act") for enhancement of the compensation awarded by the judgment and award dated 26th March, 2012 passed by the Motor Accident Claims Tribunal (Auxi.) (for short "the Tribunal"), 8th (Ad- hoc) Additional District Judge, at Vadodara in Motor Accident Claims Petition No.1053 of 2003.

(2.) The brief facts leading to the present appeal are that, on the day of accident i.e. on 10.03.2003, at about 00.45 hours, the present appellant was going to cross the Dumad Chowkadi by driving his vehicle Scooter No.GJ-6-Q-8105, at that time the opponent no.1 being the driver of vehicle Luxury Bus No.RJ-24- P-1483 came in rash and negligent manner, in excessive speed and dashed with the Scooter of the appellant. As a result thereof, the appellant was thrown away and his vehicle Scooter had come in front of the left side of the Luxury Bus. Thus, the appellant had sustained grievous head injuries. The accident in question had occurred due to rash and negligent driving on the part of the respondent No.1 herein (Deleted) and the complaint regarding accident had been registered against the respondent No.1 before the Vadodara Taluka Police Station, Dist: Vadodara vide I-C.R. No.19 of 2003.

(3.) The Tribunal by the impugned judgment and award awarded compensation of Rs.6,20,280/- alongwith proportionate costs and interest @ 7.5% p.a. from the date of filing the claim petition till realization and directed the respondents to pay the compensation jointly and severally.