KARTIKEY KRISHNAKANTBHAI PARIKH Vs. DASHRATHBHAI PASHABHAI RAWAL

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. 9/4/2018 passed in Motor Accident Claim Petition No. 895 of 2011 by the Motor Accident Claims Tribunal (Auxi.) Mahesana, which was preferred under Sec. 166 of the MV Act, whereby, against a claim valued at Rs.10.00lakh for the injuries sustained in an accident that had occurred on 15/10/2011 the Tribunal has awarded a sum of Rs.3,81,600.00 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 15/10/2011 at about 8:30 hours, the claimant was driving his motor-cycle bearing registration No. GJ-01-MK-7676 on the correct side of the road with moderate speed and when he reached at the spot of incident, the opponent No. 1 came with his rickshaw bearing registration No. GJ- 02-TT- 6453 in a rash and negligent manner with excessive speed and dashed with the claimant's Motor-cycle and as result of this accident, the claimant received serious injuries.

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