IQBALHUSSAN DAUDBHAI PAVARSI Vs. ABDULRASUL H AHEMADHUSEN

JUDGEMENT

(1.) Heard Mr.Rajni H. Mehta, learned counsel for the appellants. None for the respondent No.1 though the names of Mr.S.V. Parmar and Mr.J.A. Shelat, learned counsel, are shown in the daily cause list.

(2.) The appellants, Insurance Company and owner-cum-driver of Truck No.GTH-7277, are before this Court with a submission that the tribunal erred in holding that the truck in question was involved in the accident and further erred in holding that the driver of the truck was 100% negligent and that the tribunal further erred in awarding a sum of Rs.1,04,200=00.

(3.) The claimant came to the tribunal with a submission that while he was driving his vehicle very slowly and moderately, the respondent No.1, driving the truck in question rashly and negligently, gave a dash to the car of the claimant, as a result of the accident, the claimant suffered fracture below his shoulder and also suffered number of injuries. He submitted that he was required to spend a sum of Rs.31,000=00 or more towards medical expenses and as he could not earn money which he was earning by going and coming back from Ahmedabad to Rajkot everyday and as his future earning is adversely affected, he was entitled to a sum of Rs.3,00,000=00.