CHANDRESHBHAI JASHBHAI PATEL Vs. NIMBARK JAMNADAS BHAVANDAS

JUDGEMENT

(1.) The present Appeal is filed by the appellant - original claimant seeking enhancement of the compensation amount awarded by the Motor Accident Claims Tribunal (Main), Kheda at Nadiad (hereinafter referred to as "the Tribunal") vide impugned judgment and award dtd. 29/11/2013 passed in M.A.C.P. No.2019 of 2009, whereby the Tribunal has partly allowed the claim petition and awarded a sum of Rs.3,49,830.00.

(2.) Brief facts of the present case are that, the accident took place on 17/11/2009 at about 1.30 p.m. in the noon hours on National Highway No.8 in the sim of village Hariyala, Opp. Hotel Mayuri. On the date of accident, the victims were riding on the Motor Cycle bearing registration No.GJ-7-AL-8048 and going to Ahmedabad from Kheda. The said Motor Cycle was being driven by the appellant herein and one Atulbhai Chimanbhai Misti was the pillion rider. The appellant was driving the Motor cycle in moderate speed and on its correct side, but when they were passing through the place of incident, the driver of the Tanker bearing registration No.GJ-4- T-9282 came in rash and negligent manner, in excessive speed and suddenly took a turn from new Express-way, and dashed with the Motor Cycle. Due to the impact, the riders of the Motor Cycle sustained injuries on their various parts of the body. Hence, the appellant - original claimant has filed M.A.C.P. No.2019 of 2009 before the Tribunal claiming Rs.4,00,000.00 as compensation. The Tribunal, after evaluating the pleadings and evidence tendered by the parties, partly allowed the claim petition and awarded a sum of Rs.3,49,830.00 under the different heads as against the claim of Rs.4,00,000.00.

(3.) It came to be held by the Tribunal that said amount was ordered to be awarded to the appellant - original claimant. Not being satisfied with the compensation amount, this appeal has been filed by the claimant.