KIRITBHAI VADILAL BAHVSAR Vs. KRUNAL MAHENDRAKUMAR SHAH

JUDGEMENT

(1.) THIS appeal has been filed by the claimant under Sec.173 of the Motor Vehicles Act, 1988 being aggrieved and dissatisfied with the judgment and award dated 31 -10 -2012 passed by the learned 6th Addl. District Judge, MACT (Aux.I), Ahmedabad (Rural) in MACP No.1041 of 2004.

(2.) FACTS in short are that claim petition was filed by the claimant under Sec.166 of Motor Vehicles Act claiming Rs.2,50,000/ - as compensation for injuries suffered by him in a vehicular accident when the motor cycle No.GCC -2485 on which the claimant was travelling from Paldi towards Vadilal Hospital reached Near Pritamnagar Dhal, it was dashed by motor cycle No.GJ -1 -CK -330 driven by its rider rashly and negligently causing fracture injuries to the claimant.

(3.) UPON the summons being served, opponents filed written statements denying the contents of the claim petition. Based on the pleadings of the parties, necessary issues for determination were framed by the Tribunal. In order to substantiate the claim advanced in the claim petition, the claimant was examined before the tribunal. After hearing the learned counsel for the parties and considering the oral as well as documentary evidence on record, the impugned award was passed by the Tribunal.