MINOR DIVYA KANTIBHAI VANKAR Vs. PRAKASHBHAI PARSHOTTAMBHAI PRAJAPATI

JUDGEMENT

(1.) This appeal under Sec. 173 of the Motor Vehicles Act, 1988 has been preferred by the appellant -original claimant, against the judgment and award dtd. 17/4/2018 passed by the learned Motor Accident Claims Tribunal (Auxi), Kheda at Nadiad in MACP No.1141 of 2015.

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

(3.) The brief facts of the case are that on 9/2/2015, the minor boy Divya Kantibhai Vankar - claimant (who shall hereinafter be referred to as "minor / injured / claimant " for short) was pillion rider on motorcycle bearing Reg. No.GJ-01-EJ-2631 and going to Kapadwanj, and when they reached near the place of accident i.e. in the periphery of Village Mahammadpura, at that time, one Mahindra Pickup car bearing Reg. No.GJ-18-AV-4903, being driven by the driver of the opponent no.1, came in rash and negligent manner and dashed his Mahindra Pickup with the motorcycle on which the minor was a pillion rider. As a result, the said grievous accident was occurred and the minor sustained grievous injuries and fracture on his body. Therefore, the appellant had filed MAC Petition seeking compensation, wherein, the learned Tribunal after appreciating the evidence produced on record has partly allowed the claim petition.