VALLABHBHAI KARSHANBHAI GODAVARIYA Vs. JENTIBHAI TAPUBHAI KAPADIYA

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the judgment and award dated 30.09.2025 passed by learned Motor Accident Claims Tribunal, Gondal, (hereinafter referred to as "the Tribunal" for short), in Motor Accident Claim Petition No. 32 of 2017, the appellant - original claimant preferred present appeals under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as "the Act" for short).

(2.) Heard Mr. Nishit Bhalodi, learned Advocate for the appellant - original Claimant and Mr. Yogi K. Gadhiya, learned Advocate for respondent no.3. Though served, none appears for respondent Nos.1 and 2.

(3.) It is the case of the appellant that on 07.09.2016, the appellant along with his family was returning from Magharvada on motorcycle bearing No.GJ-03-EG-5974 and when they reached near village Kherda, at that time, one car bearing No.GJ-03-4875 came with full speed and in rash and negligent manner in wrong side and dashed with the motorcycle of the appellant. As a result of which the appellant sustained grievous injuries. Therefore, the appellant has filed MAC Petition seeking compensation. After appreciating the evidence produced on record the learned Tribunal was pleased to partly allowed the claim petition and awarded compensation of Rs.3,58,400/-.