DHIRUBHAI RANCHHODBHAI PATEL Vs. JAYANTIBHAI SHIVABHAI PATEL

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment and award dated 30.01.1994 passed by the Motor Accident Claims Tribunal [Auxi], at Ahmedabad in M.A.C.P. No. 195 of 1994, whereby the claim petition was partly allowed and the original claimants were awarded total compensation of Rs.27,900/- along with proportionate costs and interest @ 12% per annum from the date of the application till its realization.

(2.) THE facts in brief are that on 30.01.1994 at around 0745 hours, while the appellant was going on his bicycle, at a particular place, a loading rickshaw bearing no. GJ-1-A-4973, driven by respondent no. 1, owned by respondent no. 2 and insured with respondent no. 3, in a rash and negligent manner, dashed with the bicycle, as a result of which, the appellant sustained severe bodily injuries. Later on, he filed claim petition, which came to be partly allowed, by way of the impugned award. THE present appeal has been filed for enhancement of the amount of compensation.

(3.) FOR the foregoing reasons, the appeal is allowed. The impugned award passed by the Tribunal is modified to the extent that the appellant, original claimant, shall be entitled for an additional amount of Rs.24,480/- together with interest at the rate of 7.5% per annum and proportionate costs thereon. Rest of the impugned award remains unaltered. The appeal stands disposed of accordingly. No order as to costs.