RAMABHAI SINGABHAI ANSARI Vs. PUNABHAI MAGANBHAI TARAR

JUDGEMENT

(1.) The present First Appeal, under Sec. 173 of Motor Vehicles Act, 1988, is preferred by the appellants - original claimants challenging the judgment and award dtd. 08/03/2011 passed by the Learned Motor Accident Claim Tribunal (Auxi) in M.A.C.P. No: 1146 of 1999, by which the tribunal awarded compensation of Rs.1,17,800.00 with 9% interest to the claimants from the date of application till its realization, holding insurance company liable.

(2.) The brief facts of the case are that on 3/11/1998, the appellant alongwith Bachubhai Singabhai Ansari were going to Bhiloda from Shamlaji on Scooter bearing registration No.GJ- 9D-4456. Applicant Bachubhai Singabhai Ansari was sit behind the Ramabhai Singabhai Ansari. When applicants have reached near Palla Bus Stand, one offending vehicle being Jeep bearing No.GJ-9B-4485 cam with excessive speed and in a rash, negligent manner on wrong side of the road and collide with the scooter of the applicants. Due to said accident, applicants were seriously sustained fracture injuries on left hand, and serious injuries on stomach hence his spleen was torn as well as many other organ of the applicant got injured, hence, admitted in Shamlaji General Hospital of Dr. B.D. Damor by special rented vehicle but condition of applicant Ramabhai Singabhai Ansari was serious hence, shifted to Jivan Jyot Hospital, Modasa after getting primary treatment from Shamlaji. But applicant Ramabhai also shifted from Modasa to Military Hospital, Ahmedabad from there applicant was referred to shift Mumbai hospital.

(3.) The claim petition came to be filed by the present appellants claiming compensation of Rs.5,00,000.00 from the respondents wherein the tribunal was considering oral as well as documentary evidence led by the parties and submissions made at the bar partly allowed the claim petition by awarding compensation as noted above.