PATEL KANUBHAI MADHABHAI Vs. THAKORE GANAJI SOMAJI

JUDGEMENT

(1.) The appellant is the original claimant has preferred this appeal under Sec. 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as the "Act") being aggrieved by the judgment and award dtd. 22/2/2011 passed by the Motor Accident Claims Tribunal, (Auxi), Mehsana in MACP No.673 of 2008. By the said judgment and award, the learned Fast Track Court Judge has rejected the claim of the appellant preferred under Sec. 166 of the Act seeking compensation of an amount of Rs.25.00 lakhs towards the injuries sustained in the motor accident.

(2.) Before the Tribunal, the appellant- original claimant had though raised claim of Rs.25.00 lakhs with proportionate costs and interest against the present respondents - original opponents, however, in the present appeal the claim is restricted to an amount of Rs.5.00 lakhs and has accordingly raised grounds seeking enhancement.

(3.) It is the case of the original applicant before the Tribunal that;