LAWS(GJH)-2013-8-4

JAVANBHAI PARVATBHAI MALIVAD Vs. MUKESHKUMAR AMRUTLAL PATEL

Decided On August 01, 2013
Javanbhai Parvatbhai Malivad Appellant
V/S
Mukeshkumar Amrutlal Patel Respondents

JUDGEMENT

(1.) BY this first appeals, the appellants herein ­ original claimants have challenged the judgment and award dated 06.09.2010 passed by the learned M.A.C.T.(Auxi), F.T.Court. No.3, Vadodara in M.A.C.P. No.174 of 2004 and M.A.C.P.No.175 of 2004.

(2.) THE claim petitions were filed by the claimants for getting compensation for the injuries they received in the accident which occurred on 07.01.2004. It is the case of the claimants that on the day of accident, at the relevant time, they were going to Aasharam Bapu Ashram on motorcycle. When they reached near Laxmipura village, at that time original opponent no.1 ­ driver of the car came from opposite side in rash and negligent manner and dashed with the motorcycle. Both the claimants sustained injuries. Therefore, they filed claim petitions. The learned Tribunal after considering oral and documentary evidence by order dated 06.09.2010 partly allowed the claim petitions of the appellants herein ­ original claimants. Against the said award, the appellants ­ original claimants have preferred the appeals for enhancement of compensation.

(3.) HEARD learned advocates for the respective parties. This Court has gone through the judgment and award dated 06.09.2010 passed by the learned Tribunal together with oral as well as documentary evidence on record.