MOIZ KHURSHIDHSEIN PIPLODWALA Vs. GOKULDAS MAGANDAS DESAI

JUDGEMENT

(1.) HIS appeal is directed against the judgement and award dated 19.04.2005 passed by the Motor Accident Claims Tribunal (Auxi.),8th fast Track Court, Panchmahal at Godhra in Motor Accident Claim Petition No. 891 of 1996 wherein the learned Tribunal has partly allowed the aforesaid claim petition by awarding compensation in the sum of Rs.129600/- along with proportionate costs and interest at the rate of 9% per annum from the date of claim petition till realization.

(2.) ON 14.02.1996 the appellant was passing near Sant Road Dargah on Godhra-Dahod Road on his motorcycle No. GJ-17-E-102. At about 4.00 p.m. one truck no. GJ-17-T-9681 came from opposite direction in a rash and negligent manner and with excessive speed. The truck lost the control and it came on the extreme wrong side and dashed with motorcycle. As a result of this, the claimant sustained injuries. The claimant therefore, filed the aforesaid claim petition wherein the learned Tribunal passed the aforesaid award. This appeal is at the instance of claimant for enhancement of compensation.

(3.) HEARD learned advocates for the respective parties and perused the documents on record.