PINAKIN JIVANBHAI PARMAR Vs. DINESHKUMAR SANKALCHAND PATEL

JUDGEMENT

(1.) By way of this First Appeal, the present appellant as original claimant has challenged the order dtd. 30/11/2017 passed by Motor Accident Claims Tribunal (Aux.) Ahmedabad (Rural), Mirzapur, Ahmedabad, in M.A.C.P. No. 715 of 2006.

(2.) The aforesaid order has been challenged on two grounds that while passing the award, the Tribunal after ascertaining the liability of driver, owner and insurer of the Motorcycle directed that 40% awarded amount is required to be paid by the driver, owner and insurance company of the motorcycle whereas remaining 60% of the amount awarded towards compensation are to be borne by Insurance company of loading Rickshaw, out of total compensation.

(3.) The aforesaid award has been challenged on the ground that such apportionment is not permissible in case of composite negligence. Further the aforesaid award is also challenged for the purpose of enhancement as learned advocate Mr. Hiren Modi appearing for the appellant points out that there is no compensation awarded under the head of loss of amenities by the Tribunal.