SURESH FAKIRCHAND DHOBI Vs. MOHAN DHARAMSINGH VANAND

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 20-3- 2003 passed by the Motor Accidents Claims Tribunal (Aux.I), Kachchh at Bhuj, in MACP No.68 of 1994. whereby the Tribunal has awarded compensation of Rs.87,000/- with interest at the rate of 9% per annum from the date of petition till realisation and with proportionate cost.

(2.) THE accident in question took place on 7-8-1993 at about 15.15 hours when the claimant was coming with his Luna and when he reached near Sukhpar Gram Panchayat Office, truck No.GTY-7096 driven by original opponent No.1 in a rash and negligent manner coming from Mankuva side lost control over it and dashed with the claimant causing injuries to the claimant. The claimant therefore filed the claim petition claiming compensation for injuries sustained.

(3.) 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 petitions, the claimant was examined before the tribunal. After hearing the learned counsel for the parties and oral as well as documentary evidence on record, the Tribunal held that accident was caused due to negligence of driver of the truck and, therefore, original opponents were jointly and severally liable to satisfy the claim made by the claimant. Being aggrieved and dissatisfied with the said judgment and award, present appeal has been preferred.