RANMALBHAI ARJANBHAI AHIR Vs. KOLI MANDAN SADUR

JUDGEMENT

(1.) This appeal is preferred against the judgment and award passed by learned Motor Accident Claims Tribunal (Aux.) at Veraval in Motor Accident Claim Petition No. 177 of 1999 (Old 1030/90).

(2.) The brief facts of the case are that on 28.5.1990 at night 11.45 hours, the appellant was going from Una to Kodinar in his Truck No. GQA 5945 by driving his truck very slowly and carefully; at that time, respondent No. 1 had driven Truck No. GTD 2235 in wrong side, full speed, rash and negligent manner and had dashed with the appellant's truck and had run away leaving his truck without caring to shift the appellant who was injured to the hospital or without informing the police. It is averred that the conductor of the appellant had took the appellant to the hospital and had filed Criminal Complaint No. 113 of 1990 against respondent No. 1. It is averred that due to the accident in question, the appellant has suffered grievous injuries and had to take treatment for long time. It averred that the appellant was earning Rs. 1800/- per month but due to disability, he will not be able to earn and accordingly, claimed compensation of Rs. 3,00,000/-.

(3.) This appeal is being preferred by the original claimant who died during the pendency of the appeal and, therefore, his heirs and legal representatives have been brought on record.