VILASBHAI THORE Vs. SHIVABHAI TEJABHAI HARIJAN

JUDGEMENT

(1.) By way of this appeal, the appellant has challenged the judgment and award dated 30.9.1999 passed by the MAC Tribunal, Ahmedabad in MAC Petition No. 1414/1996.

(2.) The brief facts of the present case are that on 26.10.1996, the appellant was travelling in a Maruti Car bearing registration No. GJ-1-PP-2516 while going from Ahmedabad to Nadiad. It was being driven by the present appellant on the left hand side of the road at a moderate speed. When they were coming from the direction of Kheda towards Nadiad, at about 5.15p.m. And were climbing the slope of a bridge of river Shedhi, at that time, one truck bearing registration No. GJ-3T-3279 owned by the opponent no. 2, insured by opponent no. 3 and driven by the present appellant no. 1 came from the opposite direction at a great speed and collided with the car. The present appellant had sustained injuries. The car was owned and driven by the present appellant. The injured were taken to the hospital; they had to undergo medical treatment and incurred expenditure for medicines and medical treatment and also suffered disability and therefore, the claim petition was filed. By the impugned award, the Tribunal has awarded Rs. 55,750/- with running interest at the rate of 15% per annum from the date of filing of the petition till realisation, against the claim of Rs. 4,00,000/-. Hence, this First Appeal.

(3.) The claimant of MACP No. 1414/96 present appellant was the driver andowner of Maruti Car bearing registration No. GJ-1-PP-2516 at the relevant time. He has claimed a compensation of Rs. 4 lacs.