SANJAYKUMAR GHANSHYAMBHAI BAGHELA Vs. NAVGHANBHAI BHOPALBHAI SAMBHAD

JUDGEMENT

(1.) This First Appeal is filed by the appellant - original claimant under Sec. 173(1) of the Motor Vehicles Act, 1988, against the judgment and award dtd. 30/8/2016 passed in Motor Accident Claim Petition No. 299 of 2012 by the Motor Accident Claims Tribunal (Auxi.) & 7th Additional District Judge, Rajkot at Dhoraji, which was preferred under Sec. 166 of the Motor Vehicles Act, whereby, against a claim valued at Rs.2.00 lakh for the injuries sustained in an accident that had occurred on 2/4/2007 the Tribunal has awarded a sum of Rs.66,100.00 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 2/4/2007 at about 6:00 PM near Bhojpara village on Rajkot - Gondal National Highway. It is the case of the applicant that on the date of accident, his minor son was standing near the board of Village Bhojpara, at that time, the driver of Goods Rickshaw No. GJ-11-W-7881 came in full speed in rash and negligent manner and hit the standing minor son of applicant, resultant minor applicant, who was studying in standard - 7, has got serious kind of injuries over his femur bone of left leg and other bodily injuries and primarily taken to Ramnath Hospital, Gondal from where he was referred to G.T. Sheth Hospital, Rajkot where he was treated as an indoor patient and injury is permanent and he is disabled for working as he has done before.

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