LAWS(GJH)-2022-12-284

THAKOR SOMAJI DHANAJI Vs. PATEL JAGDISHBHAI KHODIDAS

Decided On December 14, 2022
Thakor Somaji Dhanaji Appellant
V/S
Patel Jagdishbhai Khodidas Respondents

JUDGEMENT

(1.) Heard Mr.Mayur Rajguru learned counsel for the appellant and Mr.H.G.Mazmudar learned counsel for the respondent no.2.

(2.) Though served, nobody appears for respondent no.1.

(3.) This is an appeal under Sec. 163A of the Motors Vehicle Act challenging the judgement and award passed by 4th MACT (Aux), Mehsana, at Visnagar in MACP No.381 of 2012 (Old MACP No.951 of 2006) dtd. 16/9/2016. By the aforesaid judgement and award the Tribunal has partly allowed the claim of the applicant and awarded compensation of Rs.18,549.00 with interest at the rate of 9% per annum from the date of filing the claim petition till realization with proportionate costs. Assessing negligence to the extent of 70% on the part of the claimant driver, from the total awarded compensation of Rs.61,833.00 an amount of Rs.43,283.00 has been deducted to arrive at the awarded amount.