BATUKPARI KASTURPARI ATHITH Vs. SHANKARBHAI MAKHABHAI

JUDGEMENT

(1.) Being aggrieved and dissatisfied with the judgement and award dtd. 11/4/2008 passed in MACP No. 388 of 1998 by the learned Motor Accident Claim Tribunal (Aux.), F.T.C No.9, Morbi, the appellant-original claimant has preferred this appeal under Sec. 173 of Motor Vehicle Act.

(2.) The original claim of the claimant was of Rs.3,00,000.00 However, the Tribunal has awarded sum of Rs.67,688.00 as under:-

(3.) It is case of the claimant that on 12/8/1998, the claimant was traveling in Matador bearing registration No.GJ-12-P-1468. Near village Makansar, one tractor trailer bearing registration No.GJ-7- A-8774 and Trolley No.GJ-10-U-1769 was stationary on the road without any sign or signal in the night hours. Thus, driver of the Matador bearing registration No. GJ-12-P-1468 could not see the stationary vehicle tractor trolley and dashed with the same. Pursuant to the aforesaid accident, the claimant has received serious injuries and thereby, he approached the learned Tribunal by way of an application under Sec. 166 of the Motor Vehicle Act seeking inter alia compensation.