DINESHBHAI MURUBHAI DAKI Vs. MAHESH DEVSHIBHAI BHETARIYA

JUDGEMENT

(1.) The appellant herein is the original claimant, who has preferred the present appeal being dissatisfied by judgment and award dated 14th September, 2010 passed in Motor Accident Claim Petition No. 19 of 2008 by the Motor Accident Claims Tribunal (Main), Porbandar. Amount of compensation claimed was Rs. 1,00,000/-. The Tribunal awarded Rs. 60,076/- with 9% interest from the date of application till realisation in respect of the accidental injury suffered by the claimant.

(2.) While awarding the compensation as above, the Tribunal exonerated respondent No.3 ICICI Lombard Motor Insurance Company from its liability to pay compensation and the amount was awarded to be recovered from the other opponents.

(3.) The accident took place on 18.12.2007 at around 9 a.m. The appellant was driving his rikshaw bearing registration No. GJ-10-U-9795. He was going from village Bhad to village Bantva, Taluka Porbandar. According to his case, he was proceeding at a moderate speed and his rikshaw was on the left side of the road. When he reached near the road going from village Kadega to village Farer, opponent No.1 driving his matador bearing No. GJ-11-Y-5044 came from behind and dashed the rikshaw from the hind side. It was claimed that the matador was driven with excessive speed and in rash and negligent manner. The accident resulted into sufferance into bodily injury in the nature of fracture in the left leg of the claimant who was shifted to civil hospital, Bantva, later taken to a hospital at Porbandar for further treatment where he was treated as an indoor patient and was also operated. Despite the treatment, as per the case of the claimant, the injury left him with permanent disablement in the body.