HARESH GAURISHANKAR RAVAL Vs. TAIYAB KASAM KUMBHAR

JUDGEMENT

(1.) This appeal is filed by the appellant- original claimant seeking enhancement of the compensation amount awarded by the learned Motor Accident Claims Tribunal (Aux.3), Gandhidham-Kachchh (hereinafter referred to as "the Tribunal") vide impugned judgment and award dtd. 10/1/2019 passed in M.A.C.P. No.217 of 2016, whereby the Tribunal has partly allowed the claim petition and awarded a sum of Rs.3,24,204.00.

(2.) It came to be held by the Tribunal that said amount was ordered to be awarded to the deponents. Feeling aggrieved and dissatisfied with the impugned judgment and award, present appeal has been filed.

(3.) Brief facts of the present case are that on 29/4/2016, the claimant was going to Samakhiyali village from Rahpar in Toofan Jeep No. GJ-8-Y-1131 driven by the opponent No.4. That on or about 4:30 p.m. when they reached near Badargadh Patia Jalaram Mandir near hotel, at that time, the opponent No.4 was driving the said Toofan jeep in slow speed and on that left hand side of the road, at that time, the opponent No.1 came with his Dumper No. GJ-12- AW-1301 on the wrong side rashly, negligently and also at an excessive speed and had dashed with the Toofan Jeep and thereby caused the vehicular accident. Due to the accident, claimant sustained serious and grievious injuries. Accident had occurred due to the negligence on the part of the opponent No.1. Opponent No.1,2 and 3 being driver, owner and insurer of Dumper No. GJ-12-AW- 1301 and the opponent Nos. 4,5 and 6 being driver, owner and insurer of Toofan Jeep No. GJ-8-Y-1131, as such all the opponents are jointly and/or severally liable to pay compensation. Thereafter, FIR came to be filed. Hence, the appellant - original claimant has filed claim petition before the Tribunal. The Tribunal, after evaluating the pleadings and evidence tendered by the parties, partly allowed the claim petition and awarded a sum of Rs.3,24,204.00 under the different heads as against the claim of Rs.8,00,000.00.