JITENDRAKUMAR JAGDISHBHAI NAYAK Vs. KAMLESHKUMAR

JUDGEMENT

(1.) Being aggrieved and dissatisfied by the judgement and award dtd. 21/4/2010 passed in Motor Accident Claim Petition No.740 of 2008 by the learned Motor Accident Claims Tribunal (Auxiliary - II), Additional District Judge, Mahesana, the appellant - original claimant has preferred the present appeal under Sec. 173 of the Motor Vehicles Act, challenging the exoneration of the Insurance Company.

(2.) The original claim of the claimant was for Rs.1,00,000.00. As against that, the learned Tribunal has awarded a sum of Rs.1,35,160.00 as just compensation.

(3.) It is the case of the claimant that on 9/10/2008, the claimant was going on the motorcycle bearing Registration No.GJ-2AH- 1638 as pillion rider, which was being driven and owned by his brother i.e. the opponent No.1. However, due to speed, the motorcycle slipped, wherein the claimant sustained grievous injuries, and thereby, an application under Sec. 166 of the Motor Vehicles Act came to be preferred before the learned Tribunal for compensation of Rs.1,00,000.00 for the injuries received in the vehicle accident.