KUSH RAMCHANDRA DOCTOR Vs. GHANSHYAM JASHBHAI PATEL

JUDGEMENT

(1.) By way of present appeal, the appellant herein- original claimant, is aggrieved by the judgment and award dtd. 1/8/2018 passed in MACP No. 909/2001 by the MACT (Auxi) and Additional District Judge, Surat.

(2.) The appellant, on 7/8/2001 was a minor and was passing as pedestrian near Lalitapark Society on road. At that time, the opponent No.1 came driving his Tractor bearing Registration No. GJ-13B-2537, in a rash and negligent manner with excessive speed and dashed with him , which resulted into accident in question. The appellant sustained serious nature of injuries on his body as mentioned in the medical certificate. The appellant was taken to Kiran Surgical Hospital for his treatment and was treated as indoor patient for two days and operation was carried. Thereafter, the appellant was shifted at Ashaktashram Hospital wherein he was treated as indoor patient and discharged on 20/8/2001. The appellant also took treatment at Hospital of Dr. Gabani and Dr. Kulkarni till 7/5/2003. At the time when the accident occurred, the appellant was healthy and was studying. The appellant was unable to do his routine work for long time. He spent reasonable amount towards purchase of medicines and treatment charges, special diet, attendance charges, transportation charges, etc. The appellant also suffered great mental pain, shock and suffering. The Opponent No.1 is the driver of the vehicle and was driving in rash and negligent manner and was responsible for said accident and, therefore, liable to pay an amount of compensation to the appellant, as prayed for. Opponent No.2 is the owner and opponent No.3 is the insurer of the offending vehicle and under the principle of vicarious liability, the opponents are liable to pay compensation. In view thereof, the appellant herein filed the present claim petition against the opponents claiming an amount of Rs.10.00 lakh from the opponents under Sec. 166 of the Motor Vehicles Act, 1988.

(3.) An FIR came to be lodged with Katargam Police Station. The tribunal by judgment and order dtd. 1/8/2018 awarded Rs.1,98,500.00 as compensation with interest at the rate of 9%. p.a. The said order was passed below Exh-93 and the same reads thus: