LAWS(GJH)-2013-8-2

WAGHJI LAXMAN AAYAR Vs. ARJAN VALA AHIR

Decided On August 06, 2013
Waghji Laxman Aayar Appellant
V/S
Arjan Vala Ahir Respondents

JUDGEMENT

(1.) By this first appeal, the appellant herein-original claimant has challenged the judgment and award dated 12th February, 2013 passed by the learned M.A.C.T.(Auxi), Kachchh at Bhuj in M.A.C.P. No.114 of 2002.

(2.) That on 22nd January, 2002, the applicant was going with his father towards their home on foot and at that time, original opponent No.1 who was driving the tractor in excessive speed dashed with the applicant from behind. As a result, the applicant received serious injuries on his right leg and became permanently partial disabled. Therefore, the appellant herein filed claim petition for compensation of Rs. 2,00,000/- from the respondents. The learned Tribunal after considering oral and documentary evidence by order dated 12th February, 2013 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.) It is submitted by learned advocate for the appellant herein that learned Tribunal has erred in not believing the documentary and oral evidence produced by the appellant herein. Therefore, it is requested to allow this appeal