AJAYBHAI BACHUBHAI DAMOR Vs. GULABSINH MOHANSINH MANDOD

JUDGEMENT

(1.) Though notice is served to the appellant- claimant, no one has chosen to appear before this Court. However, learned advocate Mr. V. C. Thomas appears for respondent Nos. 3 and 5.

(2.) By way of this First Appeal, the appellant - claimant has assailed the judgment and award dtd. 15/7/2017 passed by the Motor Accident Claims Tribunal (Main), Dahod (for short "the Tribunal") passed in MACP No. 26 of 2010, whereby the Tribunal has awarded total amount of Rs.2,09,881.00 towards the compensation with interest at the rate of 9%. Being aggrieved, the appellant - claimant has assailed the same by filing this First Appeal.

(3.) It is the case of the appellant that the present appellant - Ajaybahi and Jigneshkumar Sambhubhai Bilwal were going to village Limdi from Dahod on Motorcycle No. GJ-20-H-9111. Jigneshkumar was driving the motorcycle in moderate speed with care on the road side according to the traffic rules and Ajaybhai sat on the pillion seat. At 18-00 hours, when they were passing through village Kharod on Dahod Limdi Road, at that time, the opponent No.1 was driving his Jeep No. GJ-18-A- 2046, in rash and negligent manner with excessive speed and lost control over the steering of the Jeep, whereby the Jeep came on wrong the side and dashed with the motorcycle. On account of the said accident, the appellant sustained severe injuries with fracture, due to which the appellant has sustained permanent disablement.