PRAVINSINH SALAMSINH JADAV Vs. MOHANBHAI SHIVABHAI GOHIL

JUDGEMENT

(1.) By way of present first appeal under Sec. 173 of the Motor Vehicles Act, the appellant - original claimant has challenged the proportionality of the award dtd. 25/1/2007 passed by the learned Additional District Judge, Presiding Officer, Fast Track Court No. 13, Vadodara in Motor Accident Claim Petition No. 90 of 1999 (Main).

(2.) The case of the present appellant who is the original claimant is that on 22/10/1998, the appellant along with other persons namely Sachinbhai Fatehsinhrao Jagtap were travelling on the scooter bearing registration no. GJ-6-L-9666 and were going from Vadodara to Rakhial and when they reached near the place of accident, one S.T. Bus bearing registration no. GJ-18-V-2118 came from the wrong side driven by its driver i.e. opponent no. 1 in a rash and negligent manner and in excess speed and dashed with the scooter being driven by the appellant - original claimant i.e. Pravinsinh Salamsinh Jadav which resulted into serious accident. Both the sides persons sustained serious injuries, as a result of this, claim petition came to be submitted by both of them which were registered as Motor Accident Claim Petition No. 90 of 1999 and Motor Accident Claim Petition No. 91 of 1999. The present appellant has filed Motor Accident Claim Petition No. 90 of 1999 for claiming compensation of Rs.3,50,000.00 whereas other claimant has fled claim petition being Motor Accident Claim Petition No. 91 of 1999. Since both the petitions are arising out of same accident, the said claim petitions were clubbed together by common order came to be disposed of vide judgment and award dtd. 25/1/2007, which reads as under:-

(3.) The present First Appeal since it relates to appellant - claimant whose application is registered as Motor Accident Claim Petition No. 90 of 1999 in which he was awarded Rs.63,400.00 compensation with proportionate costs and interest at the rate of 7.5% per annum from the date of the claim petition as against the claim of Rs.3,50,000.00, has preferred First Appeal for seeking enhancement and as such, the present First Appeal is registered as First Appeal No. 4489 of 2008.