SAMIR ANVARBHAI MATHUPOTRA Vs. HANIF ISHAK LAKHANI MALEK

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the judgment and award dated 20.04.2022 passed by learned Motor Accident Claims Tribunal (Auxi.), Jamnagar (which shall hereinafter be referred to as "the Tribunal" for short), in Motor Accident Claim Petition No.70 of 2018, the appellant - original claimant has preferred the present appeal under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as "the Act" for short).

(2.) Heard Mr. M. I. Mansuri, learned Advocate for the appellant - original Claimant and Mr. R. P. Raval, learned Advocate for the respondent no.3 - Insurance Company. Perused the original record and proceedings.

(3.) It is the case of the appellant - original claimant that his son namely Samir Anvarbhai (who shall hereinafter be referred to as "injured" for short) on 08.06.2017 at 08:00 AM in the morning, was driving his Hero Honda motorcycle bearing Reg. No.GJ-10-CL-0630 and was coming to Higher Secondary School at Navagam to fill up the examination form of Class-12, at that time the driver of the Alto Car bearing Reg. No.GJ-05-CD-0061 i.e. the opponent no.1 came in rash and negligent manner and collided with the motorcycle of the injured due to which the injured sustained serious head injury and also sustained fracture in his right leg. A complaint was lodged being I-C.R. No.31/2017 with Kalavad Police Station against the opponent no.1. Therefore, the appellant had filed MAC Petition seeking compensation, wherein, the learned Tribunal after appreciating the evidence produced on record the learned Tribunal has partly allowed the claim petition.