MANISHABEN Vs. DILIPBHAI SAVJIBHAI SOLANKI

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the judgment and award dated 10.01.2023 passed by learned Motor Accident Claims Tribunal (Auxi.), Gondal (which shall hereinafter be referred to as "the Tribunal" for short), in Motor Accident Claim Petition No.41 of 2016, the appellant - original claimant has preferred the present appeal under Section 173 of the Motor Vehicles Act, 1988 (which shall hereinafter be referred to as "the Act" for short).

(2.) Heard Mr. N. A. Bhalodi, learned Advocate for the appellant - original Claimant and Ms. K. S. Pathak, learned Advocate for respondent - Insurance Company.

(3.) It is the case of the appellant that on 02.08.2015 the appellant - claimant had gone to Vilage Ishwariya from Jasdan for catering and cooking work in marriage function and while returning from there travelling in Rickshaw bearing Reg. No.GJ-3-W-5879 along with her catering and cooking goods. The driver of rickshaw was driving in rash and negligent manner and when they reached the accident spot the Rickshaw dashed with the wall of the bridge and hence the claimant fell down and went under the bridge due to which claimant sustained grievous fracture and other bodily injuries. Therefore, the appellant had filed MAC Petition seeking compensation, wherein, the learned Tribunal after appreciating the evidence produced on record has partly allowed the claim petition.