LAWS(GJH)-2012-3-15

PARESH DHIRUBHAI DUDAK Vs. RAMJI NATHABHAI

Decided On March 26, 2012
PARESH DHIRUBHAI DUDAK Appellant
V/S
RAMJI NATHABHAI Respondents

JUDGEMENT

(1.) BY way of filing this appeal under Section 173 of the Motor Vehicles Act, 1988 the appellant ? original claimant has challenged the judgment and order dated 12th August 2004 passed by the learned Motor Accident Claims Tribunal (Aux), Gondal in MAC Petition No.21 of 1999 whereby the Tribunal has awarded Rs.2,45,280 to the claimant.

(2.) THE short facts of the present appeal are that on the date of the incident i.e. on 15th December 1998 the claimant was returning to his village Ghoghavadar on his bullet motorcycle. It is case of the appellant that he was riding the bike slowly and on the correct side of the road and at that time a chhakado rickshaw bearing No.GJ.3.X 306 came from the opposite direction in a rash and negligent manner and dashed with the bullet motorcycle as a result of which appellant sustained serious injuries on his left leg and other injuries. He was admitted in Madhuram Hospital at Dhebar Road, Rajkot where he was operated thrice on his left leg. He therefore filed claim petition claiming compensation of Rs.7 lakhs.

(3.) CONSIDERING the reasoning of the learned Tribunal, I am of the view that no interference is called for. Taking into consideration the disability and other factors and age factor the amount awarded is just and proper and no interference is called for. The appeal is devoid of any merits. No interference is called for. Hence, dismissed.