VANDANABEN TARUNKUMAR SHAH Vs. ARVINDBHAI BHANABHAI PATEL

JUDGEMENT

(1.) Being aggrieved and dissatisfied with the judgment and decree dtd. 3/11/2012 passed by the Motor Accident Claims Tribunal (Aux), at Vadodara in Motor Accident Claims Petition No. 47 of 1994, the appellant-original claimant has preferred this first appeal under Sec. 173 of the Motor Vehicles Act, 1988 ( "the Act, 1988", for short).

(2.) The original claim of the claimant was of Rs.2,00,000.00, however, the Tribunal has awarded sum of Rs.69,200.00 and has deducted 20% of the amount as negligence on the part of the claimant, which comes to Rs.13,840.00 (20% negligence), and thereby finally awarded Rs.55,360.00 under the different heads with 7.5% interest p.a, as under:- <IMG>JUDGEMENT_232_LAWS(GJH)12_2021_1.jpg</IMG>

(3.) As per the case of the claimant, on 29/10/1993 at 12:20 pm, while she was traveling on motorcycle bearing registration number GBP-6400 as a pillion driver with her daughter-Pukhuri and her husband-Tarun Kumar. While passing through Sarabhai Chemicals, one car bearing registration No. GJ-5-A-4967 was being driven in rash and negligent manner and dashed behind the motorcycle. Due to which, all passengers of motorcycle fell down and received multiple injuries. However, the claimant has received serious injuries on her body such as multiple fractures. Considering the above, the claimant has approached the Tribunal by way of filing an application under Sec. 166 of the Act, 1988, seeking, inter alia, the compensation of Rs.2,00,000.00 under the various heads.