KHAKHABHAI MEGHJIBHAI MAKWANA SINCE DECD. Vs. VINODBHAI KARSHANBHAI

JUDGEMENT

(1.) By way of present First Appeal under Sec. 173 of the Motor Vehicle Act, 1988 the appellant - original claimant has challenge the legality and validity of the impugned judgment and award dtd. 6/8/2008 passed by M.A.C.T. (Auxiliary), 4 th Fast Track Court, Junagadh in M.A.C.P. No. 289 of 1997.

(2.) The brief background of the facts which has given rise to present appeal is that on 15/2/1997, at around 7.00 p.m., Shri Khakhabhai Meghjibhai Makwana who was traveling in a Rickshaw bearing registration No. GJ-11-U-5398 with luggage, on Mendarada Badalpur Road near Village:Bagdu, the said rickshaw was dashed with a motorcycle and though there was no fault on the part of the passenger Shri Khakhabhai Makwana who sustained serious injuries. The injuries were on the ribs, shoulder as well as in the left leg, right arm and said fractures injuries on account of which, he was taken to Civil Hospital at Mendarada and later was required to be shifted to Civil Hospital, Junagadh and thereafter, for further treatment he was taken to hospital of an Orthopedic Surgeon Dr. M.M. Dolakia at Junagadh.

(3.) The appeal came up for consideration after rooted through the Lok Adalat, in which, Mr. Amar D. Mithani, learned advocate appearing for the appellant and Ms. Hina Desai, learned advocate appearing for the defendant No.2 - Insurance Company.