VAGHARI KANTIBHAI RAYABHAI Vs. PRAJAPATI VISHNUBHAI VIRABHAI

JUDGEMENT

(1.) Being aggrieved and dissatisfied with the impugned judgment and award passed by the learned Motor Accident Claims Tribunal at Mahesana in MACP No. 78 of 2009 dtd. 10/7/2009, by which the learned Tribunal has partly allowed the Claim Petition and directed the Opponents to pay jointly and severely a sum of Rs.12,66,880.00 to the the Appellant / Original Applicant along with interest @ 7.50% from the date of the Claim petition, the Appellant / Original Applicant has preferred this Appeal under Sec. 173 of the Motor Vehicle Act, 1988 for enhancement of an amount of Rs.8,00,000.00, on the ground that the judgment and award is contrary to law and facts of the case and evidence.

(2.) Heard learned Advocate Mr. Nishit A. Bhalodi for the Appellant, learned Advocate Mr. Tanmay B. Karia for Opponent No.2 - Oriental Insurance Co. Ltd. Though served, none has remained present on behalf of Respondent No.1 / Original Opponent.

(3.) The learned Advocate for the Appellant has submitted that the learned Tribunal ought to have considered the 100% functional loss of the Appellant instead of 78% that is being awarded by the learned Tribunal for the accident which took place on 31/1/2008 whereby the Appellant has lost his left leg by amputation and has also received serious injuries on his right leg because of the rash and negligent driving on part of Opponent No.1.