GAURAVKUMAR AMBALAL CHAUDHRY Vs. NAGJIBHAI DAHYABHAI RAWAL

JUDGEMENT

(1.) The appellant - original claimant has filed this First Appeal against the judgment and award dtd. 25/4/2018 passed by the Motor Accident Claims Tribunal (Auxi-V), Mahesana in M.A.C.P. No.625 of 2006, which was preferred under Ses. 166 of the M.V. Act, whereby, against a claim valued at Rs.2,00,000.00 for the injuries sustained in an accident that had occurred on 26/5/2006, the Tribunal has awarded a sum of Rs.3,05,000.00 with interest at the rate of 9% per annum from the date of claim petition till realization, holding liable the opponents therein to pay the compensation to the appellant - original claimant. Hence, grieved claimant has filed this appeal on the point of quantum.

(2.) The brief facts of the case are that on 26/5/2005, at about 10:00 hours, while minor applicant was riding on his bicycle towards house from Ramosana Chokdi and when he reached near old R.T.O., at that time, the opponent No.1 came with Tractor, bearing registration No. GJ-02-B-7633 and took a turn on wrong side and dashed with the bicycle, as a result, the appellant sustained fracture on his right leg, That, the appellant was 14 years old and was well and healthy and was studying at the time of accident. That, because of this accident, he was unable to do his routine work for long time. Accordingly, the appellant had preferred the claim petition as aforesaid.

(3.) Heard learned advocate Mr. Brijesh Ramanuj for learned advocate Mr. Ankit Shah for the appellant and learned advocate Mr. H.G. Mazmudar for the respondent No. 3 - the Insurance Company. Though notice is served upon the respondent Nos. 1 and 2, they have chosen not to remain present before this Court.