DR.GAURANG VRUNDAVANDAS SHAH Vs. AKHTARHUSSEIN NASIRULLA SHEIKH

JUDGEMENT

(1.) This is an appeal filed by the claimant against the judgment and award passed by the Motor Accident Claims Tribunal (Aux), Vadodara in Motor Accident Claim Petition No. 2892 of 1990 under Sec. 173 of the Motor Vehicles Act, 1988 ("the Act") for the enhancement of the compensation. The original claim of the claimant was of Rs.15,00,000.00. Against that, the Tribunal has awarded Rs.2,88,200.00 with interest of at the rate of 9% p.a. from the date of application till realization.

(2.) The case of the claimant is that on 24/6/1990, while he was traveling in his Maruti Fronty car from Vadodara to Ahmedabad and on the National Highway No. 8 near Anand, the accident had taken place. The accident occurred because of rash and negligent driving of the driver of the Truck bearing registration No. GTJ-5880. Because of the accident, a serious injuries sustained by the original claimant and the injuries assessed at 32% as body as a whole.

(3.) Upon the service of notice, the Insurance Company has appeared and has filed its written statement, opposing the claim petition. The Tribunal, after having considered the evidence on record, has granted the compensation of Rs.2,88,200.00 with interest at the rate of 9% p.a. from the date of application till realization.