MAHESHBHAI HIMMATBHAI SOLANKI Vs. KHEMARANBHAI MUKTARAMBHAI CHOUDHRI

JUDGEMENT

(1.) This First Appeal is filed by the appellant " original claimants under Sec. 173(1) of the Motor Vehicles Act, 1988, (for short "M V Act') against the judgment and award dtd. 21/3/2018 passed in Motor Accident Claim Petition No. 1935 of 2015 (old M.A.C.P. No.1574 of 2004) by the Motor Accident Claims Tribunal (Aux.) and 5th Additional District Judge, Vadodara at Savli, which was preferred under Sec. 166 of the MV Act, whereby, against a claim valued at Rs.4,00,000.00 for the injuries sustained in an accident that had occurred on 7/7/2004, the Tribunal has awarded a sum of Rs.71,500.00 with interest at the rate of 9% per annum from the date of claim petition till realization, holding liable the opponents therein to pay the compensation to the appellant " original claimant. Hence, grieved claimant has filed this appeal on the point of quantum.

(2.) It was the case of the appellant " complainant that on 7/7/2004 the claimant proceeded towards Ahmedabad by way of riding Tanker No. GTK-2296 for unloading the oil in a very moderate speed on correct side of the N.H. No.8 and when he reached near the Patia of Gohelnagar, Anand, District, at that time, the driver of the Truck No. GJ-8-U-1106 came in rash and negligent manner with an excessive speed and lost his control over the vehicle and came on wrong side and dashed with the tanker. As a result, the claimant sustained serious bodily injuries. Accordingly, the appellant " complainant has filed this appeal for enhancement of compensation.

(3.) Though served none appears for the respondent No. 1. Heard, learned advocate Mr. Mohsin M. Hakim for the appellant and learned advocate Mr. Tanmay B. Karia for the respondent No. 2 " insurance company, learned advocate Mr. Kirit Patel for the respondent No.3 and learned advocate Mr. G.C. Mazmudar for the respondent No.4 at length.