MAHESHBHAI @ SURESHBHAI BALAJIGODIYA Vs. AJITSING SHANABHAI SOLANKI

JUDGEMENT

(1.) BY this first appeal, the appellant herein ­ original claimant has challenged the judgment and award dated 02.04.1994 passed by the learned M.A.C.T.(Main), Baroda in M.A.C.P. No.473 of 1988.

(2.) THE claim petition was filed by the original claimant claiming compensation of Rs.1,50,000/ for the injury he sustained in the accident which occurred on 03.05.1987. It is the case of the original claimant that on the day of accident at the relevant time when he was going towards Jambuva and reached near Jambuva Electricity Board on his bullet on the correct side of the road, at that time, opponent no.1 came from opposite side driving ST Bus with excessive speed and thereby collided with the bullet driven by the applicant ­ original claimant. Therefore, the claimant filed claim petition. The learned Tribunal after considering oral and documentary evidence by order dated 02.04.1994 partly allowed the claim petition of the appellant herein ­ original claimant. 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 02.04.1994 passed by the learned Tribunal together with oral as well as documentary evidence on record.