SHAIKH MAHAMMAD BACHUBHAI Vs. DEVENDRASINH JAVANJI CHAVDA

JUDGEMENT

(1.) This Appeal is filed by the appellant - original claimant under Sec. 173 of the Motor Vehicles Act, 1988 challenging the judgment and award passed by the learned 3rd MAC Tribunal (Auxiliary), Mehsana at Visnagar dtd. 30/3/2021 in MACP No.72 of 2013 whereby the Claim Petition filed by the appellant - original claimant came to be dismissed.

(2.) The brief facts, as narrated in the impugned judgment and award, are as under:

(3.) Mr. Amit Nanavati, learned advocate for the appellant, submitted that because of the sole negligence of the driver of the vehicle in question, the accident took place as the vehicle rolled over the leg of the appellant - original claimant and received multiple fractures. He has further submitted that the tribunal has not addressed itself on the determination of the amount of compensation. He has further submitted that it is obligatory on the tribunal even if it were to dismiss the Claim on account of negligence to determine the same, and therefore, he has submitted that the Appeal be admitted and allowed.