ASHISH SURESHBHAI PARIKH Vs. INDRAVADAN AMBALAL PARMAR

JUDGEMENT

(1.) THIS appeal is directed against the judgement and award dated 10th March 2000 passed by learned Motor Accident Claims Tribunal (Auxi), Ahmedabad in Motor Accident Claim Petition No.128/1993 whereby the Tribunal has awarded a sum of Rs.1,29,980/- along with interest at the rate of 12% per annum.

(2.) ON 23.2.1993, the appellant-original opponent No.1 who was serving in Bank, was returning on his scooter towards Hatkesh Chowky to Memnagar. At that time a Maruti Van bearing No.GJ-1-T-3273 came and dashed with the rear portion of the scooter. The claimant fell down and sustained grievous injuries. He has taken prolonged treatment. Therefore he filed the aforesaid claim petition wherein the aforesaid award came to be passed.

(3.) AS a result of hearing and perusal of the record, it is found that the Tribunal has considered the aspect of negligence in greater detail. The finding of the Tribunal is as under: