MOHAMMAD SHAFI YUSUFBHAI GUGARMAN Vs. JASHWANTSING MANSING RATHOD

JUDGEMENT

(1.) THIS appeal has been filed against the judgment and award dated 15.12.2004, passed by the Motor Accident Claims Tribunal(Auxi.II), Kheda at Nadiad, in M.A.C.P. No.251/2002, whereby, the tribunal has awarded compensation in a sum of Rs.2,37,310/- to the claimant with interest at the rate of 12% per annum from the date of filing of application till realization.

(2.) THE facts in brief are that on 16.11.2001, one Mahammad Shafi Yusufbhai Gugarman, appellant herein, alongwith his son were going on Motor cycle. When they reached near Valla village one Rickshaw bearing registration No.GJ-7W-7300 came and dashed the said motorcycle. As a result of the said accident, the appellant sustained grievous injuries and therefore, he filed claim petition being M.A.C.P. No.251 of 2002 before the Tribunal for compensation. THE Tribunal after hearing learned advocates for the parties and after perusing the record passed the award as stated hereinabove against which the present appeal is filed by the appellant- original claimant.

(3.) I have heard learned counsel appearing for both the parties and perused the material on record. The Tribunal while deciding the claim petition in paragraph 7 and 8 has observed as under:-