COMMANDANT Vs. ALIMAMAD IBRAHIM SAMA

JUDGEMENT

(1.) This appeal has been preferred by the appellant against the judgment and award dtd. 23/9/2021 passed by the Motor Accident Claims Tribunal (Aux.), Kachchh in MACP No.403 of 2010.

(2.) Heard learned advocates for the respective parties.

(3.) The brief facts giving rise to the present case are that on the fateful day, the applicant was riding his motorcycle bearing No. GJ-12-AB-6456 carefully and on the correct side of the road. When he reached the place of accident, opponent No.1, driving Maruti Gypsy No. RJ-19-IC-3528 in a rash and negligent manner and without due regard for the safety of other road users, lost control over the vehicle and dashed against the applicant's motorcycle, thereby causing the accident. As a result, the applicant sustained grievous injuries on various parts of his body, as stated in the petition, and suffered permanent and total disability, which occurred solely due to the rash and negligent driving of opponent No.1, the driver of the offending vehicle.