KHIMARAM DHANARAM PRAJAPATI Vs. JAGDISHKUMAR PRAJAPATI

JUDGEMENT

(1.) This appeal under Sec. 173 of the Motor Vehicles Act, 1988 (for short "the Act 1988"), is filed by the appellant- Original claimant, challenging the judgment and award dtd. 22/11/2007, passed by the learned Motor Accident Claims Tribunal (Auxi.), Fast Track Court No. 2, Vadodara in Motor Accident Claim Petition No.1062 of 2004, wherein, the Tribunal awarded total compensation of Rs.7.00 lacs with running interest @ 7.5% from the date of claim petition till realization with proportionate cost. The Tribunal further held that all the opponents are jointly and severally liable for the payment of aforesaid compensation.

(2.) Following facts emerged from the record of the appeal: 2.1. That on 24/5/2004, the appellant - original claimant was travelling in a luxury Bus bearing registration No. RJ-07- P-4247. The said bus met with an accident with the Truck bearing registration No. GJ-10-V-5109. It was case of the appellant- original claimant that both the drivers i.e. driver of the luxury bus as well as the driver of the Truck, were driving their respective vehicles in rash and negligent manner. Because of rash and negligent driving, the truck dashed with the luxury bus and because of heavy impact, the bus turned turtle and 4many passengers along with present appellant sustained serious injuries. For the injuries sustained the appellant right limb was amputed through surgery.

(3.) The Tribunal after hearing the parties and upon appreciation of evidence on record decided the issues as under: