LAKHU MADEVA AAYAR Vs. BALVINDERSINGH GAJJANSINH

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. 29/4/2017 passed in Motor Accident Claim Petition No. 912 of 1999 by the Motor Accident Claims Tribunal, Bhuj - Kachchh, which was preferred under Sec. 166 of the MV Act, whereby, against a claim valued at Rs.2,00,000.00for the injuries sustained in an accident that had occurred on 16/7/1999, the Tribunal has awarded a sum of Rs.1,03,800.00 with interest at the rate of 7.5% 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.) It was the case of the appellant " complainant that on 16/7/1999, the applicant was coming from Ahmedabad to Bhuj in Truck No. GJ-12-U-8628 as a driver and driving the said Truck on the left hand side of the road with moderate speed. That, at around 13:30 hrs, the said truck had reached near the place of accident, at that time, opponent No.1 while in employment of opponent No. 2 had came from opposite side along with Truck No. GJ-01-X-7189, driving rashly, recklessly, negligently, at an excessive speed, without observing traffic rules and dashed with the truck driven by the claimant. As a result, the claimant sustained injuries and partially disabled in the said accident. Accordingly, the appellant " complainant has filed this appeal for enhancement of compensation.

(3.) Rule is unserved upon the respondent Nos. 1 and 2. Though served, none appears for the respondent No.4. Heard, learned advocate Mr. Hemal Shah for the appellant and learned advocate Mrs. Vasavdatta Bhatt for the respondent No.3 and learned advocate Mr. Tanmay B. Karia for the respondent No. 5 " insurance company at length.