YOGESHCHANDRA LAXMISHANKAR DAVE Vs. KANUBHAI DHULABHAI PATEL

JUDGEMENT

(1.) THIS First Appeal is at the instance of a claimant under the provisions of Section 110A of the Motor Vehicles Act, 1939 and is directed against an award dated 14th February 1996 passed by the Motor Accident Claims Tribunal [Main] at Bharuch in MACP No. 311 of 1987 whereby the Tribunal awarded a sum of Rs.5,59,000/- in favour of the appellant with interest at the rate of 12% per annum from the date of filing of the application till the date of realization.

(2.) THERE is no dispute that on 11th March 1985 at about 10.30 AM, the appellant, while driving his motor cycle and proceeding towards Bharuch, met with an accident with a truck owned by the opponent No.2 which came from the opposite direction from Bharuch side. According to the appellant, the opponent No.1, was driving the truck in full speed in a rash and negligent manner on the wrong side of the road, hit the motor cycle of the appellant, as a result, the motor cycle was dragged upto a distance of 20 ft. to 25 ft. and thereafter, the opponent No.1 ran away from the scene of occurrence. The appellant was seriously injured and was initially taken to Amod Primary Health Centre and thereafter, was shifted to SSG Hospital, Vadodara, where he was admitted as an indoor patient. The medical treatment of the appellant continued upto 5th January 1987 and even thereafter, he was further required to take medical treatment for complete cure. During the period, as many as eight operations were performed on his body. He sustained permanent partial disablement of his leg which was shortened by 11/4 inch. As a result of such injury, he was unable to move his left leg from the portion of knee and the effect of paralysis has been noticed from the ankle joint of the left leg.

(3.) HEARD Mr. Chirag Patel, the learned advocate appearing for the appellant and Mr. Vibhuti Nanavati, the learned advocate appearing for the respondent No.3-Insurance Company.