MITHUN KALIKRISHNA BANERJEE Vs. SITANATH VISHWAS BANGALI

JUDGEMENT

(1.) Mithun Kalikrishna Banerjee, appellant- original claimant- petitioner has filed this appeal under Section 173 of the Motor Vehicles Act, 1988 against the judgment and award dated 1.2.2002 passed by the Motor Accident Claims Tribunal (Aux.II), Ahmedabad (Rural) in MAC Petition No.1358 of 1995. The learned Judge by his impugned award has partly allowed the claim petition and held that the petitioner is entitled to get Rs.1,50,200/- from the opponents jointly and severally along with interest at the rate of 9% per annum from the date of the claim petition filed in forma pauperis till realization.

(2.) The appeal was filed in September 2002 and the same was admitted on 13.1.2004. Thereafter this Court fixed the hearing in July 2004. Today the matter has been heard.

(3.) The relevant facts giving rise to this appeal are as under:-