RAMJI VISHRAM BAROT Vs. LALJI DAYA SORATHIYA

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied by the judgment and award dtd. 13/3/2006 passed in Motor Accident Claims Petition No.15 of 2000 by learned Motor Accident Claims Tribunal (Aux.), Fast Track Court, Anjar - Kutch, the appellant - original claimant has preferred the present appeal under sec. 173 of the Motor Vehicles Act ("the Act" for short).

(2.) The original claim of the claimant was for Rs.3,00,000.00. However, learned Tribunal has awarded a sum of Rs.1,15,250.00 with 9% interest under the various heads as under. <IMG>JUDGEMENT_1501_LAWS(GJH)11_2022_1.jpg</IMG>

(3.) It is the case of the claimant that on 18/9/1999 while he was walking on the street, the scooter bearing registration No.GJ 12 R 7413 came on the wrong side and dashed with the claimant. As a result thereof, the claimant sustained serious injuries on various parts of his body, such as on chest, hands, stomach and right leg. The claimant was, therefore, admitted as indoor patient in the hospital of Dr.Hemant Patel for a period between 18/9/1999 and 23/9/1999. Thus, the claimant has approached the learned Tribunal by way of an application under sec. 166 of the Act seeking, inter alia, compensation for the injuries so received arising from the motor vehicular accident.