PARESHBHAI BHIMJIBHAI BHARWAD Vs. NASHIBHAI NURMOHEMMED MAKRANI

JUDGEMENT

(1.) Being aggrieved by the judgment and award dated 30.9.2013 passed in MACP no.2117 of 2004 by MACT (Aux.), the present appeal is filed by the claimant.

(2.) Following facts emerge from the record of the appeal: That, the appellant herein was travelling in the tractor which was being driven at a slow speed on the left side of the road on Godhra Dahod Highway on 20.2.1997. It is the case of the appellant that the truck bearing registration no. GRW376 came from the wrong side being driven in an excessive speed and in a rash and negligent manner and dashed with the tractor in which the appellant claimant was siting because of which, he received injuries. An application under Section 166 came to be filed by the appellant wherein the appellant claimed total compensation of Rs. 2,10,000/. After considering the evidence on record, the Tribunal by the impugned award was pleased to award compensation of Rs. 61,600/along with 7.5% interest and considering 10% negligency on the part of the driver of the tractor, the appellant was awarded total compensation of Rs. 55,500/. Being aggrieved by the same, the present appeal is filed by the claimant.

(3.) Heard Mr. Hakim, learned advocate for the appellant, Mr. Raxit Dholakia, learned advocate for respondent nos.1 and 2 and Mr. Palak Thakkar, learned advocate for respondent no.3. I have also perused the record of the appeal as well as the record and proceedings.