LINKAN JIVANJI VAGHELA Vs. KESHAVBHAI NANABHAI PATEL

JUDGEMENT

(1.) Original opponent no. 2 the owner of the motor cycle has preferred First Appeal challenging the award passed by the Motor Accident Claims Tribunal Valsad in Motor Claim Petition No. 8 of 1978 on 9-10-1978.

(2.) It may be stated that respondent no. 1 was injured on 29-7-1977 at about 2-30 P.M. on the outskirts of Valsad town. He had Bone to Valsad to make some purchases and while he was walking on Halar road he was knocked down by a motor-cyclist He has thereafter treated at Ashish hospital and again he was treated by Dr. Rajurkar There was a fracture on the right had and he was required to be operated upon. Nail was required to be inserted and plaster was put and that plaster was required to be kept for a period of three months Ultimately on these facts he filed a claim petition as claimed a sum of Rs. 30,000 The Motor Accident Claim Tribunal at Navsari awarded a sum of Rs 5,000 to be recovered from opponents nos. 1 and 2. The claim against opponent no. 3 was dismissed.

(3.) Now original opponent no. 2 the owner of the motor cycle has filed this appeal challenge the award of Rs. 5,000 passed against him. Injured claimant has filed Cross-objections and the appeal and the cross-objections are being disposed of by this judgment.