ALABHAI KANABHAI VADVI Vs. BAVAJI JANAKGIRI SANTIGIRI

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment and award dated 05.08.1995 passed by the Motor Accident Claims Tribunal (Aux.), Junagadh in M.A.C.P. No.530/1988 whereby, the claim petition was partly allowed to the extent that the appellant, original claimant, was awarded total compensation of Rs.21,200/- along with interest at the rate of 15% per annum from the date of application till its realization and proportionate costs only as against the total claim of Rs.50,000/-.

(2.) THE facts in brief are that on 23.07.1988 at around 1630 hrs. while the appellant herein along with two other persons were travelling along with their goods in a Truck bearing registration No. GTX 2581, driven by respondent no.1, owned by respondent no.2 and insured with respondent no.3, the driver lost control over the Truck and it dashed a tree situated on the side of the road. As a result thereof, the appellant sustained severe bodily injuries. He filed the claim petition before the Tribunal claiming compensation of Rs.50,000/- along with interest and costs. However, the said claim petition came to be partly allowed by way of the impugned award. THE appellant has preferred the present appeal for enhancement of the amount of compensation.