BABUBHAI VITHALBHAI VASAVA Vs. DAUOODBHAI ISHULKHA KURESHI

JUDGEMENT

(1.) Being aggrieved by the judgment and order passed by the Tribunal Exh.16, dated 28.7.2006 in Motor Accident Claim Petition No.1203 of 1993, the appellant has preferred the present appeal.

(2.) Brief facts of the case are that on 10th May, 1993, the appellant, Babubhai Vithalbhai, along with other person, Firozkha Ibrahimkha were engaged as a labourer and were traveling in a truck to bring sand to Vadodara. On the way, the other truck came from the opposite side which was driven in rash and negligent manner. As a result of which, the truck in which the appellant was traveling went out of control and turned turtle. As a result of which, the present appellant got the fractured his left hand and received injuries on head and back. The other labourer, Firozkha, also received injuries for which a separate claim petition was filed. Tribunal awarded Rs.45,500/- as a lump sum compensation on account of the injuries received by the appellant. However, it was ordered that 70% of this amount will be paid by the respondents i.e. owner, driver and insurance company of the truck in which the appellant was traveling and the remaining 30% of the amount will be paid by the offending vehicle as a result of which, the accident has taken place.

(3.) Aggrieved from this order of the Motor Accident Claim Petition, the appellant, Babubhai Vithalbhai, has come in appeal which is pending for disposal.