MEGHJI THAVAR MAHESHWARI Vs. HARKANT SURESHCHANDRA YAGNIK [DELETED]

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 10.08.2011 passed by the learned Motor Accident Claims Tribunal (Aux.), Court No.6, BhujKutch, in Motor Accident Claim Petition No.657 of 1994, whereby the learned Tribunal has awarded compensation of Rs. 1,70,200/- with interest at the rate of 10% from the date of main petition till realization of the compensation from the opponents.

(2.) It is the case of the appellant that on 15.11.1994, the labours were going for labour work in Auto Rickshaw No.GJ12T6510. When they reached near GundalaMokha cross roads, the opponent No.1 driving S.T.Bus bearing No.GJ1Z4067 came in excessive speed and rashly and negligently and because of over speed, the opponent No.1 lost his control while overtaking the Rickshaw and dashed with the rear side of the Rickshaw. In the said accident, the appellant got seriously injured and took treatment in G.K.General Hospital, Bhuj.

(3.) Heard Mr. Vishal Mehta, learned advocate for Mr. Mehul Shah, learned advocate for the appellant and Mrs. Vasavdatta Bhatt, learned advocate for respondent No.2GSRTC. Respondent No.1 is deleted vide order dated 13.07.2017.