LAWS(GJH)-2025-2-192

DHARAMSINH MADHURBHAI VAZARAR Vs. RANJITSING GURUBAXSING JAAT

Decided On February 05, 2025
Dharamsinh Madhurbhai Vazarar Appellant
V/S
Ranjitsing Gurubaxsing Jaat Respondents

JUDGEMENT

(1.) The present First Appeal, under Sec. 173 of Motor Vehicles Act, 1988, is preferred by the appellant - original claimant challenging the judgment and award passed by the Learned Motor Accident Claims Tribunal, Limkheda dtd. 2/11/2022 in M.A.C. Petition No. 1958 of 2017, by which the tribunal awarded compensation of Rs.1,57,823.00 with 8% 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 accident that while the applicant alongwith his wife was going by walking on the side of the road, at that time, opponent no.1 came with tanker bearing Registration No.GJ-12-AU-6359 in rash and negligent manner and dashed with the claimant who sustained serious injuries.

(3.) The claim petition came to be filed by the present appellants claiming compensation of Rs.4,00,000.00 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.