NARUDIN ALIBHAI ABHVANI Vs. GITABEN SURESHCHANDRA SAMDANI

JUDGEMENT

(1.) THIS appeal under section 173 of the Motor Vehicles Act ["the Act" for short] is at the instance of a claimant and is directed against an award dated 21st March 2005 passed by the MACT[Aux.] and Fast Track Court No. 3, Jamnagar in M.A.C.P. No. 21 of 1999, thereby partly allowing the claim petition by awarding a sum of Rs. 61,600/ - as compensation for the injuries suffered by the claimant with interest at the rate of 9% p.a from the date of filing of the claim petition till December 2000 and thereafter at the rate of 6% p.a. till the date of payment.

(2.) BEING dissatisfied, the claimant has come up with this appeal. The insurance company is contesting the appeal but in this appeal, it has not filed any cross -objection. So far, the factum of the accident, involvement of the offending car and the fact that the said car was insured with the insurance company are not in dispute.

(3.) THE only question that falls for determination in this appeal is as regards the quantum of compensation. It appears from the record that on 14th October 1988, at about 4.30 hrs when the victim was travelling on his Bullet motorcycle No. GAF 6869 on a public road, a maruti car No. GJ -3 -D -9135 came from the opposite direction and collided with the motorcycle of the claimant, as a result, the appellant sustained fracture injury on his right leg from knee to toe and also injuries on the other parts of the body. He was admitted in the hospital at Jamnagar in Orthopedic ward as an indoor patient.