RUDABHAI JAKHUBHAI VIRDA Vs. RAVABHAI GHELABHAI RAJGOR

JUDGEMENT

(1.) This First Appeal has been preferred against the judgment and award passed in MACP No.203 of 2000, dtd. 9/2/2007, whereby MACP (Aux.), Gandhidham at Kutch awarded Rs.3,49,000.00 for the injuries suffered by the appellant in a road accident. Being dissatisfied with the amount of compensation, this appeal for enhancement of compensation has been filed by injured - Rudabhai Ahir, who died during the pendency of the appeal, and claimants being his legal heirs are continued with this appeal.

(2.) Facts and circumstances giving rise to file this appeal are that on 23/3/2000, injured - Rudabhai Ahir, aged about 50 years old, was hit by the vehicle involved, as a result of which, he sustained grievous injuries, resulted into permanent partial disability. He filed a claim petition against the driver - owner and the New India Insurance Company, with whom, vehicle was insured, claiming Rs.6,00,000.00 as the amount of compensation. After considering the evidence on record, the claim Tribunal, vide its judgment and award, held that injured - appellant contributed to the occurrence of the alleged accident by his negligence to the extent of 30% and after deducting 20% from the total amount of compensation, the Tribunal awarded Rs.3,49,000.00 under the various heads.

(3.) This Court has heard Mr.Dhairyavan Bhatt and Mr.H.G. Majmudar, learned advocates for the respective parties.