ABBASBHAI BABUBHAI MANSURI Vs. DIVISIONAL CONTROLLER

JUDGEMENT

(1.) As all these appeals arise out of the impugned common judgment and award passed by the Motor Accident Claims Tribunal (Auxi), FTC Court No.3, Mehsana but with respect to different claim petitions and arising out of the same accident, all these appeals are decided and disposed of by this common judgment and order.

(2.) Feeling aggrieved and dissatisfied with the impugned judgment and award passed by the learned Motor Accident Claims Tribunal (Auxi), FTC Court No.3, Mehsana (hereinafter referred to as the "Tribunal") passed in MACP No.483 of 2001, by which, the learned Tribunal has awarded total sum of Rs.1,47,000/­(in fact Rs. 73,500/­ after deducting 50% towards contributory negligence of the original claimant), the original injured claimant has preferred present First Appeal No. 2308 of 2009 to enhance the amount of compensation awarded by the learned Tribunal.

(3.) That in a vehicular accident, which occurred on 18.03.2011 between Fiat No. GJ­8­D­7867 and ST Bus No. GJ­18­ V­6988 all the original claimants sustained injuries and permanent partial disability. That at the time of accident, the original injured claimant of MACP No. 483 of 2001 - r. Abbasbhai Babubhai Mansuri was driving the aforesaid Fiat Car and the remaining injured claimants were traveling in the Fiat Car as passenger. That the driver of the Fiat Car­ Dr. Abbasbhai Babubhai Mansuri also sustained injuries and permanent partial disability. Therefore, the original claimants filed the aforesaid the MACP Nos. 483 of 2001, 484 of 2001 and 487 of 2001.