BHAVIK Vs. GANPATSINH MANUBHA JADEJA

JUDGEMENT

(1.) The present appeal is directed against the judgment and award dtd. 9/1/2018 passed by the Motor Accident Claims Tribunal (Main), Rajkot ('the Tribunal' for short) in Motor Accident Claim Petition No.993 of 2010, whereby the Tribunal has partly allowed the claim petition of the appellant by observing that the claimant is entitled to recover an amount of Rs.26,13,600.00­ with the proportionate cost with interest @9% per annum, from the date of the claim petition till realization from the opponents­ respondents herein jointly and severally.

(2.) Short facts of the case are that : On 20/2/2010 the claimant was driving a scooty motorcycle bearing registration no.GJ­03­CM­ 2383 at the left side of the road, cautiously and in a moderate speed and when he reached on Kalavad Road, Near Old Jakat Naka, Rajkot at that time, driver of one Toofan Jeep bearing registration no.GJ­10­W­1774 came from behind by driving the Toofan Jeep in a rash and negligent manner, endangering human life and the said Toofan Jeep dashed with the scooty motorcycle of the appellant and the accident took place. It is further the case of the claimant that this accident has taken place due to rash and negligent driving on the part of driver of the Toofan Jeep, due to which the claimant sustained serious injuries.

(3.) The Tribunal, after examining the entire record and medical condition of the appellant, awarded compensation of Rs.26,13,600.00­ with 9% interest, as aforesaid. Different heads, under which the Tribunal awarded the amount, are stated as below: