CHETANBHAI JIVANBHAI Vs. RAJNIBHAI LAKHUBHAI GAGIYA AND ORS

JUDGEMENT

(1.) THIS First Appeal has been filed by the original claimant under Sec.173 of the Motor Vehicles Act, 1988 being aggrieved and dissatisfied with the judgment and award dated 15 -4 -2013 passed by the Motor Accidents Claims Tribunal(Main), Rajkot, in MACP No.823 of 2010.

(2.) FACTS in short are that the claim petition has been filed by the claimant claiming compensation for injuries suffered by the claimant in an accident which occurred on 29 -11 -2009 at about 1.00 p.m. It was inter alia contended that the claimant was riding motor cycle No.GJ -10 -S -8786 and when he reached near Patiya of Gomta Village of Gondal Taluka, truck No.GJ -3 -U -6108 driven rashly and negligently dashed with the motor cycle causing serious fracture injuries to the claimant. After hearing the learned counsel appearing for the parties and considering the oral as well as documentary evidence on record, the impugned judgment and award was passed by the Tribunal.

(3.) I have heard learned advocates for the appellant and the insurance company.