MOHAMMADRAIS Vs. MANOJBHAI SURESHBHAI HUMBLE

JUDGEMENT

(1.) Admit. Learned advocates Mr. Palak Thakkar and Mr. Shivang Mehta waive service qua respective respondents. With the consent of the learned advocates for the parties present, the matter is taken up for final hearing today.

(2.) Challenge in this appeal under Sec. 173 of the Motor Vehicles Act, 1988 (MV Act ) is given to the judgment and award dtd. 26/4/2018 passed in Motor Accident Claim Petition No. 1033 of 2010 (claim petition) by learned Motor Accident Claims Tribunal (Auxiliary), Ahmedabad (Rural), Ahmedabad (the Tribunal) on the ground that quantum is not considered in right perspective and that, no rise in future prospective income has been granted.

(3.) It was the case of the appellant - claimant that on 24/6/2005 at about 7:00 a.m., he was going to Mundra driving Truck bearing registration No. GJ-12-W-8887 following traffic rules and while passing through Moti Khakhar village, at that time, one Truck bearing registration No. GJ-3-V-9649 came in excessive speed and in negligent manner in breach of traffic rules and regulations and dashed with claimant's truck from front side. Resultantly, the claimant suffered serious multiple injuries including fracture on his right leg femur bone and tibula and fibula bone fracture and other bodily injuries.