SHASHIKANT KARSANBHAI PANDORIYA Vs. MAHMAD ABDUL RAHEMAN KUMBHAR

JUDGEMENT

(1.) BY this first appeal, the appellant herein-original claimant has challenged the judgment and award dated 10.07.2008 passed by the learned Court No.9, M.A.C.T., Ahmedabad in M.A.C.P. No.1011 of 1999.

(2.) THE claim petition was filed by the claimant claiming compensation of Rs.10,00,000/- for injury sustained on 28.11.1998. The appellant-original claimant was traveling in S.T. Bus as passenger and he was coming from Bhuj to Ahmedabad and the driver of the S.T.Bus was driving the bus in full speed, rashly and negligently and when the said S.T.Bus was passing in Anjar, Near Varsana Village, at that time, driver of the S.T.Bus dashed with the parked and stationary truck and thereby, appellant who was a passenger in the S.T.Bus had sustained grievous injuries and was admitted in hospital for the treatment. The accident occurred due to negligence of both the driver of offending vehicles. The appellant sustained grievous injuries and also fracture of tibia fibula. The learned Tribunal after considering oral and documentary evidence by order dated 10.07.2008 partly allowed the claim petition of the appellant herein. Against the said award, the appellant-original claimant has preferred this appeal for enhancement of compensation.

(3.) HEARD learned advocates for the respective parties. This Court has gone through the judgment and award dated 10.07.2008 passed by the learned Tribunal together with oral as well as documentary evidence on record.