MAHMAD REHMAN Vs. YUSUF ALLARAKHA PATNI

JUDGEMENT

(1.) The driver and the owner of Truck No. GTW 434 insured with respondent No.2, being aggrieved by the judgement and award dated 10th August, 1982 passed by the learned Member, Motor Accident Claims Tribunal (Main), Junagadh in Motor Accident Claims Petition No.195 of 1981, are before this Court, submitting, inter alia, that the award suffers with the vice of excessiveness, while the original claimant - respondent No.1 has filed his Cross Objections submitting, inter alia, that the award is on the lower side and it should be enhanced to the extent of Rs.1 lakh, as was claimed by the original claimant/respondent No.1.

(2.) The short facts necessary for disposal of the present appeal are that on 8th December, 1980, the claimant, Yusuf Allarakha Patni, was going in a rickshaw bearing No. GTW 3140 in discharge of his duties. At about 12:00 noon, when the rickshaw reached near Choksi Farm, from the opposite side, a truck bearing No. GTW-434, driven by Mahmad Rehman rashly and negligently, dashed against the rickshaw, as a result of which, the claimant was thrown overboard and he received serious injuries. The injuries were suffered on head, nose, jaw and other parts of the body. As the rickshaw also sustained certain damages, the owner of the rickshaw, namely, Rajak A. Rehman Patni, filed Motor Accident Claims Petition No.104 of 1981 and claimed compensation of Rs.9,999/-. Both the cases were consolidated and Motor Accident Claims Petition No.194 of 1981 filed by Patni Yusuf Allarakha was treated as the main petition.

(3.) Shri Dave, learned Counsel for the appellants, after taking me through the records, submitted that the learned Tribunal below was not justified in recording the findings against the interest of the driver and the owner of the truck. It was also submitted that the award for Rs.62,000/- was on the higher side.