RANJAYKUMAR MAHENDRA YADAV Vs. SATYENDRASING SHRI GOURISING YADAV

JUDGEMENT

(1.) THIS appeal is directed against the judgment and award dated 30.7.2009 passed by learned Motor Accident Claims Tribunal (Aux.), Gandhidham, Kutch in Motor Accident Claims Petition No.23 of 2008, wherein the Tribunal has awarded a sum of Rs.3,89,600.00 along with interest at the rate of 9% per annum from the date of application till realization.

(2.) ACCORDING to the claimant, on 22.12.2007, the Ranjaykumar Yadav, who was working as cleaner, was going in Trailer No.GJ-12-W-8954 from Padana to Kandla Port. When they reached near Balaji Saw Mill, offending vehicle ­ Tanker came from behind and tried to overtake the said trailer, the driver of the trailer applied sudden break and therefore, the appellant fell down and came under the first front wheel of the trailer and thereby, sustained injuries on his hand and other parts of the body. Therefore, claimant has filed the aforesaid application under Section 163-A of the Motor Vehicles Act wherein the impugned award came to be passed which is challenged in the present appeal.

(3.) ON the other hand, learned counsel for the respondent No.3 submitted that the impugned judgment and award is just and proper and claims Tribunal has considered each and every aspect of the matter while awarding compensation and therefore, no interference is required by this Hon'ble Court and the appeal may be dismissed.