SHIVRAJBHAI VINUBHAI Vs. BHADABHAI VAKTABHAI

JUDGEMENT

(1.) Heard Learned advocate Mr. Paresh Darji for learned advocate Mr. Mrugen Purohit for the appellant and learned advocate Mr.Sunil B. Parikh for respondent no.2.

(2.) The appellant-claimant has preferred this appeal under Sec. 173 of the Motor Vehicles Act, 1988 (for short "the Act") challenging the Judgment and Award dtd. 19/3/2009 rendered in MACP No.641/1999 passed by the Motor Accident Claims Tribunal (Aux.) Gondal (for short "the Tribunal") whereby the Tribunal awarded Rs.1,51,000.00 towards compensation with 7.5% interest per annum from the date of institution of the claim petition till realisation.

(3.) Brief facts of the case are that on 17/3/1999, while the applicant was standing on side of the road near the bus stand, driver of the truck bearing registration no.GJ-12U-7639 came driving his vehicle at an excessive speed and in rash and negligent manner on wrong side and dashed with the claimant. Resultantly, the claimant received bodily fracture injury whereby his right hand had to be amputated and thereby sustained partial disablement.