LAWS(GJH)-2012-3-426

RAJUBHAI KANABHAI MODHWADIA Vs. KARSAN MALDE ODEDARA

Decided On March 22, 2012
Rajubhai Kanabhai Modhwadia Appellant
V/S
Karsan Malde Odedara Respondents

JUDGEMENT

(1.) THE appellant herein has challenged the award dated 10.03.2006 passed by the Motor Accident Claims Tribunal Porbandar in Motor Accident Claims Petition No. 59/2004 so far as the Tribunal awarded only Rs. 2,90,000/-as compensation with interest and costs.

(2.) IT is the case of the appellant that on 29.03.2004 while the appellant was going in a truck, another truck bearing registration no. GJ-3T-3138 being driven by the original opponent no. 3 in a rash and negligent manner abruptly applied brakes and therefore the truck of the appellant dashed against the said truck as result of which the appellant sustained injuries. The appellant therefore filed claim petition for compensation. The Tribunal after hearing the parties passed the aforesaid award.

(3.) LEARNED advocate appearing for the respondent supported the award of the Tribunal and submitted that the same does not call for any interference by this Court. However, learned advocate for the respondent could not controvert the issue of multiplier. 4. This Court heard the contentions advanced by the parties and perused the papers on record. The Tribunal has gone through the documentary evidence on record and come to the conclusion that the truck of the appellant dashed with the truck of opponent no. 3 from behind and in the said accident both the legs of the appellant were seriously injured. No interference is called for regarding the same.