VAGHARI PARSHOTTAMBHAI MOHANBHAI Vs. RABARI SAGRAMBHAI DEVSIBHAI

JUDGEMENT

(1.) Aggrieved and dissatisfied with the judgment and award rendered by the Motor Vehicle Accident Tribunal (Auxiliary) at Patan on 12/10/2009 M.A.C.P. No. 3822 of 2002 (old M.A.C.P No. 400 of 2000), the appellant has filed this appeal questioning the legality and validity of the same whereby the tribunal dismissed the claim petition on the ground that claimant did not remain present to lead the evidence.

(2.) Brief facts of the case are that 3. that on 15/04/1997 at about 9:30 O'clock when the appellant was going to Becharaji from village Mitha to meet his relatives and when they reach near Mitha Cross Road at that time the opponent Matador bearing registration No. GJ-3-T-675 came with a full speed in rash and negligent manner and dashed with the appellant due to which the appellant had received serious injuries on right hand, left leg. head and chest. Thereafter, the appellant was transferred to the Mehsana Civil Hospital and thereafter due to the serious injuries the appellant was transferred to the hospital of Dr. Kamlesh Gurjar (Orthopedic Hospital).

(3.) Thereafter, the appellant had claimed for a compensation of Rs.1,00,000.00 by filing claim petition which came to be dismissed.