MANSURI AKRAMBHAI KALUBHAI Vs. THAKOR JASVANTBHAI LAXMABHAI

JUDGEMENT

(1.) The captioned appeal is filed against the impugned judgment and award dtd. 19/6/2015, whereby the learned Tribunal has awarded a sum of Rs.1,02,480.00 along with the interest at the rate of 8% per from the date of filing of the claim petition till its realization.

(2.) The succinct facts leading to file the present appeal is that on 17/6/2008, at about 5:00 p.m. in the evening, the claimant/appellant was riding his motorcycle bearing registration No.GJ-09-AE-9903 and going towards Meghraj from Malpur. When he reached near Shajaad Lining Works, in the meantime, respondent No.1-herein-driver of the jeep bearing registration No.GJ-17-Y-1248 came thereby driving the jeep in rash and negligent manner at an excessive speed so as to endanger the human life and hit the motorcycle of the appellant. Resultantly, appellant sustained serious injuries including fractures.

(3.) It is also the case of the applicant that in the said accident, the appellant sustained permanent disability of 19% of the body as a whole. It is also the case of the appellant that at the time of accident the appellant was aged about 19 years and he was the student of Second Year B.Com. Therefore, the appellant claimed compensation of Rs.7,00,000.00.