RAJMOHINI Vs. SHAYAM HARISHBHAI DHOKAI

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the judgment and award dtd. 23/6/2023 passed by learned Motor Accident Claims Tribunal (Auxi.), Vadodara (which shall hereinafter be referred to as "the Tribunal" for short), in Motor Accident Claim Petition No.677 of 2016, the appellant - original claimant has preferred the present appeal under Sec. 173 of the Motor Vehicles Act, 1988 (which shall hereinafter be referred to as "the Act" for short).

(2.) Heard Mr. M. M. Hakim, learned Advocate for the appellant - original Claimant and Ms. K. S. Pathak, learned Advocate for respondent - Insurance Company. Perused the original record and proceedings.

(3.) It is the case of the appellant that on 12/2/2016, in the night when the claimant was returning after attending her friend's marriage by driving her Activa bearing Reg. No.GJ-06-HA-4952, on correct side of the road and when she reached near SK Mobile Shop, Gorwa, at that time, the opponent no.1 - respondent no.1 by driving his Honda Car bearing Reg. No.GJ- 06-JM-2245, came from Genda Circle in rash and negligent manner and dashed with Activa of the claimant from behind as a result the claimant and his friend sustained grievous injuries on the different part of the body and for the said offence a complaint being I-C.R. No.26/2016 came to be registered with Gorwa Police Station against the opponent no.1 - respondent no.1. Therefore, the appellant had filed MAC Petition seeking compensation. The learned Tribunal after appreciating the evidence produced on record was pleased to partly allowed the claim petition.