VISHNUBHAI MANILAL MODI Vs. NAGENDRASINH MAHIPALSINH RAJPUT

JUDGEMENT

(1.) The First Appeal is filed by the appellant under Section 173 of the Motor Vehicle Act praying for modifying the judgment and order dated 17.2.2005 passed by the learned Motor Accident Claim Tribunal No. III, Ahmedabad in Motor Accident Claim Petition No.78 of 1994 and prayed for awarding multiplier of 18 and awarding Rs.1,00,000/- towards pain, shock and suffering.

(2.) It is the case of the appellant that on 10.12.1993 when the appellant was passing on his motor cycle bearing No.GJ 1 Q-790 on the road from Delhi Darwaja to Shahibaug and when he was passing on the road opposite Advance Tata Mill the opponent No.1 came with his car bearing registration No.RJ 12 C.0193 driven in full speed and in rash and negligent manner dashed with the motor cycle of the appellant and knocked down him. It is averred that as a result thereof, the appellant was flung on the road and had suffered the head injuries and other injuries like fracture of the ribs etc., for which he was required to take the treatment. It is averred that he was unconscious and was removed to Civil Hospital and was treated as an indoor patient. It is averred that due to the head injuries on 16.12.1993 the operation was performed. He had also fracture of collar bone and it is averred that the appellant had suffered after effects.

(3.) Heard Mr.Sandip C. Shah, learned advocate for the appellant and Mr.Sunil Parikh, learned advocate for the respondent No.3.