DIGAMBAR NARAN PADALE Vs. ARJAN SANAJ VARU

JUDGEMENT

(1.) This appeal is filed by the appellant - original claimant seeking enhancement of the compensation amount awarded by the Motor Accident Claims Tribunal (Aux.), Kachchh at Bhuj (hereinafter referred to as "the Tribunal) vide impugned judgment and award dtd. 27/12/2005 passed in M.A.C.P. No.763 of 1995.

(2.) Brief facts of the present case are that on 29/4/1995, the claimant was working as cleaner in truck bearing registration no.GJ-10-T-9690 and was going to Mithapur from Panadhro, at that time, at about 5.00 p.m., when the truck reached near temple of Khodiar Mata, the driver of opponent no.2 came from opposite direction driving a truck bearing registration no.GTP7716 in rash and negligent manner and in excessive speed, collided with truck No.GJ-10-T-9690, due to which the claimant sustained serious injuries like permanent disability. Hence, the claimant had preferred M.A.C.P. No.763 of 1995, which came to be partly allowed by the Tribunal vide order dtd. 27/12/2005 and awarded compensation of Rs.1,03,700.00 as against his claim of claiming Rs.3,00,000.00.

(3.) Heard Mr.Samee Uraizee, learned counsel with Mr.Jenil Shah, learned counsel with Mr.Mehul Shah, learned senior counsel appearing for the appellant - claimant and Mr.Rituraj Meena, learned counsel with Mr.Nayan Ravani, learned counsel appearing for the respondent no.3. Though served, nobody appears on behalf of respondent no.2.