KANTILAL MULJIBHAI ALIAS BACHUBHAI Vs. KANA MENAND ODEDARA

JUDGEMENT

(1.) THIS appeal is directed against the judgement and award dated 4/2/1998 passed by the learned Motor Accident Claims Tribunal ( Special), Porbandar wherein the Tribunal has awarded a sum of Rs.34100/- to the claimant along with interest at the rate of 12% per annum from the date of application till realization.

(2.) ON 16.10.1993 the appellant-original claimant was travelling from Odadar to Porbandar in the rickshaw No. GTP- 8536 of the ownership of opponent No.1 and insured with opponent No.2. When he reached near the Birla Factory, he tried to overtake one Ambassador car and at that time his leg which was kept outside came between the rickshaw and ambassador car because of which the appellant-claimant sustained serious injuries. He therefore, filed the aforesaid claim petition wherein the aforesaid award came to be passed. This appeal is at the instance of the claimant for enhancement of compensation.

(3.) HEARD learned advocates for the parties and perused the documents on record. In the F.I.R , the claimant himself has stated that he was sitting on left side of the rickshaw by keeping his leg outside and at that time when he tried to overtake, left side was dashed and therefore,he received injuries on the right leg. Thus it is very clear that the claimant sustained injuries because of the accident. From the F.I.R, it is very clear that the claimant has kept his leg outside. Though the claimant was driver, he kept his leg outside and when he tried to overtake the ambassador, his leg came between the rickshaw and ambassador. In those circumstances, the learned Tribunal has rightly held that the claimant is negligent to the extent of 50%.