RAMJIBHAI JESHINGBHAI SUMRA Vs. JAGDISHBHAI BALUBHAI SARVAIYA

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. 27/10/2016 passed in Motor Accident Claim Petition No. 35 of 2006 by the Motor Accident Claims Tribunal (Main), Bhavnagar which was preferred under Sec. 166 of the MV Act, whereby, against a claim valued at Rs.2,50,000.00 lakh for the injuries sustained in an accident that had occurred on 31/10/2005 the Tribunal has awarded a sum of Rs.85,640.00 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.) The brief facts of the case are that on 31/10/2005, at about 7:30 PM, the claimant with his wife was going towards "Khodiyar Mandir' and the claimant had parked his scooter opposite side of "Chitra Mastram Bapa Mandir' and walked for purchasing "Gutkha' at that time, the Vitcos City Bus of opponent No.2 having registration No. GJ-03-Y-49, driven at full speed in rash and negligent manner and dashed with the claimant and as a result of which, the claimant received serious injuries.

(3.) Though served, the respondent Nos. 1 and 2 has put in no appearance and accordingly, the Court proceeded with the final hearing of the matter. Heard, learned advocate Mr. Yogen N. Pandya for the appellant and learned advocate Mr. Tanmay B. Karia for the respondent No. 3 " insurance company.