MOHMADBHAI ALARKHABHAI MEHTAR Vs. AHER GHUGHABHAI BHIMBHAI

JUDGEMENT

(1.) THE appellant as filed this appeal under the provisions of Section 110 D of the Motor Vehicles Act, 1939 [hereinafter referred to as the "Act"] for seeking enhancement of the compensation awarded by the MACT [Auxi.], Bhavnagar by judgment and award dated 22nd May, 1986 in MACP No. 151 of 1984. The Claims Tribunal has awarded a sum of Rs.1,780=00 against the claim of Rs.20,000=00. At the outset it is stated that since the award is less than Rs.2,000=00, it is doubtful whether the appeal would be maintainable. When the appeal has already been admitted to final hearing, I do not go into the question of maintainability and decide the same on its merits.

(2.) THE accident in question took place on 15th November, 1983. On that day, according to the appellant he was driving rickshaw on Bhavnagar Vartej Road. It was owned by him and he was carrying passengers from Khodiyar to Bhavnagar. When he had reached near Vartej Police ground, a truck bearing registration no. GTZ 4559 approached the spot from the opposite direction. It was driven by respondent no.1. According to the appellant, the truck was driven in a rash and negligent manner. It was carrying sand bags. As a result of excessive speed, respondent no. 1 lost control over the vehicle and it dashed against the rickshaw which was proceeding on its correct side of the road and at moderate speed. According to the appellant, as a result of the impact, the rickshaw toppled down and he as well as the passengers sustained serious injuries. He has further averred that respondent no. 1 to avoid responsibility of the accident turned his vehicle and put it about 100 feet ahead of rickshaw, as if it was also proceeding in the same direction. According to the appellant, apart from the injuries caused to him, his vehicle was also badly damaged. He, therefore, filed petition under the provisions of the Act to claim compensation of Rs.20,000=00.

(3.) IN support of his contentions raised in the petition, he also filed affidavit which is at Exh. 27. In the affidavit also he narrated the same facts and pleaded that since the accident occurred on account of the negligence of respondent no. 1 he was entitled to receive compensation of Rs.20,000=00 for personal injuries as well as damage to the vehicle and the resultant economic loss.