LAWS(GJH)-2014-5-61

DHANJIBHAI SENDHABHAI VANKAR Vs. RAMESHBHAI LAVJIBHAI THAKOR

Decided On May 02, 2014
Dhanjibhai Sendhabhai Vankar Appellant
V/S
Rameshbhai Lavjibhai Thakor Respondents

JUDGEMENT

(1.) By way of this appeal the appellant has challenged judgement and award dated 15.05.2009 passed by the Motor Accident Claims Tribunal, Kutch at Bhuj, in M.A.C.P. No. 597 of 1996 whereby the Tribunal has awarded Rs. 1,64,850/- with interest at the rate 9% p.a. and proportionate costs to the applicant to be paid by opponents Nos. 1 to 3.

(2.) Brief facts of the case are as follows: On 08/05/1996 the appellant Dhanjibhai Sendhabhi Vankar was walking on Kandla-Ahmedabad road near Village Vongh. At about 4.30 am, Rameshbhai Lavjibhai Thakore, opponent No.1 was driving his tanker bearing No. GJ-8-U-1050 rashly and negligently and dashed with the appellant. Out of this accident, the appellant got multiple injuries and was being treated as indoor patient in different hospitals. The appellant was doing labour work but because of this accident he became unfit for doing such work. Hence, the appellant has preferred M.A.C.P No. 597 of 1996 Motor Accident Claims Tribunal, Kutch at Bhuj for getting compensation of Rs. 5,00,000/-. In order to prove the aforesaid charge, the Tribunal examined following documents: <FRM>JUDGEMENT_61_LAWS(GJH)5_2014_1.html</FRM>

(3.) The Tribunal had framed following issues vide Exh 28: