LAWS(GJH)-2016-2-277

NAGINBHAI LAXMIDAS PATEL Vs. ASHWINKUMAR PRABHUDAS PATEL

Decided On February 22, 2016
Naginbhai Laxmidas Patel Appellant
V/S
Ashwinkumar Prabhudas Patel Respondents

JUDGEMENT

(1.) The appellant has filed present appeal under Section 173 of the Motor Vehicles Act praying for enhancement of judgment and award passed by the learned Motor Accident Claims Tribunal, Panchmahal, at Godhra in Motor Accident Claims Petition No. 1497 of 1996.

(2.) The short facts of the appellant's case are that the appellant filed Motor Accident Claim Petition No. 1497 of 1996 for seeking compensation of Rs. 21 lacs from the opponents for the injuries sustained in a vehicular accident, which took place on 17.6.1995, at about 8:30 p.m. near sim of Village Mirzapur on Ahmedabad-Kathlal Highway. The vehicle involved in the accident was Jeep bearing No. GAM-8061. The claimant and his relatives were travelling in the said jeep and were going from Ahmedabad to Kothamba. When the said jeep was passing in the sim of village Mirzapur, at that time, one motor truck going ahead suddenly stopped on the road and hence opponent No. 1 Jeep driver lost control of Jeep due to excessive speed and the Jeep left the road and came on the side and dashed with the truck. As a result, claimant sustained serious injuries. Following such accident the appellant preferred Motor Accident Claim Petition seeking compensation .

(3.) The learned Tribunal considered the case of the appellant and granted compensation of Rs. 4,70,000/- by judgment and award dated 29.4.2010. Being aggrieved by the said judgment and award passed by the Tribunal, Panchmahal at Godhra, the appellant has preferred the present appeal.