KASAM MAHAMAD BUDHA @ BHATUK Vs. FARUQ YUSUF DHESALI

JUDGEMENT

(1.) This First Appeal Is Filed By The Appellant Under Section 173 Of The Motor Vehicle Act praying for modifying the judgment and order dated 08.03.2007 passed by the learned Judge, Motor Accident Claims Tribunal (Aux.), 3rd Fast Track Court, Panchamahals at Godhara in Motor Accident Claim Petition No.929 of 1999 and prayed to award further consideration to the tune of Rs. 1,25,000/- with 9% interest from the date of presentation of petition upto 31.12.2000 and thereafter at the rate of 7.5% till its realization.

(2.) It Is The Case Of The Appellant That The Accident Took Place On 20.05.1997, at about 8:00 p.m on National Highway road, near GIDC, Ankleshwar. The vehicle involved in the accident was Motor Truck No.GJ17X3299. The claimant was driving the said truck at the time of accident and he was coming from Bombay to Halol. The truck had overturned during the transit and the claimant had sustained injuries. Since he was the employee of the opponent No.1, the owner of the vehicle, the claim has been presented for the compensation. The complaint in this regard was lodged with Ankleshwar Police Station vide C.R.No.74 of 1997.

(3.) Heard Mr. M.A.Kharadi, Learned Advocate For The Appellant And Mr. V.C.Thomas, learned advocate for Mr. Vibhuti Nanavati, learned advocate appearing for respondent No.2Insurance Company. Rule issued by this Court is duly served upon the respondent No.1, however, none appeared.