RAM SAVRAJ SHAKHRA Vs. PUNSHI PALU CHARAN

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the judgment and award dtd. 4/4/2022 passed by learned Motor Accident Claims Tribunal (Main), Kachchh at Bhuj (which shall hereinafter be referred to as "the Tribunal" for short), in Motor Accident Claim Petition No.365 of 2013, the appellant - original claimant has preferred the present appeal under Sec. 173 of the Motor Vehicles Act, 1988 (which shall hereinafter be referred to as "the Act" for short).

(2.) Heard Mr. H. M. Modi, learned Advocate for the appellant - original Claimant and Ms. K. N. Bhatt, learned Advocate for respondent - Insurance Company. Perused the original record and proceedings.

(3.) It is the case of the appellant that on 19/8/2013 the applicant and his brother were travelling on the motorcycle and were going to their home from agricultural farm, when they reached near the place of accident the brother of the applicant parked the motorcycle on the extreme left side of the road and at that time the driver of Auto-Rickshaw D Van bearing Reg. No.GJ-01-BX-9478, came in rash and negligent manner and hit the applicant who was standing near motorcycle. As a result of which the applicant sustained serious injuries which later resulted into permanent partial disablement. Therefore, the appellant has filed MAC Petition seeking compensation, wherein, the learned Tribunal after appreciating the evidence has partly allowed the claim petition.