FULABHAI CHANDUBHAI CHAUHAN Vs. LALABHAI UDABHAI RATHOD

JUDGEMENT

(1.) Judgment and award dated 25th April, 2008 of learned Motor Accident Claims Tribunal (Main) Panchmahal at Godhra in Motor Accident Claim Petition No.26 of 1992 which was filed by the appellant herein.

(2.) The case of the claimant appellant before the Tribunal was that on 29th March, 1991 he was returning from village Kanod after attending marriage ceremony of his relatives. He came walking near Baghayat Kendra since the place was at a walking distance. The claimant with other persons had been waiting at the place for a local state transport bus or any other private vehicle to arrive for going back to their village. It was around 12.30 pm at that time when a truck bearing number GRQ-8059 driven by the opponent No.1 and driven in rash and negligent way with excessive speed came from the side of town Kalol. The opponent driver could not control the truck and because of its excessive speed lost control over the vehicle near the Baghayat Kendra. The truck which had come on the wrong side, turned turtle after dashing with pedestrian walking and standing near the Baghayat Kendra. It was the case that the applicant was also hit by the truck, that he was thrown on the ground and sustained grievous injuries over his bodies. In the claim petition he claimed Rs.1,50,000 with 12% interest and cost way of compensation. The Tribunal as per the judgment and award, awarded Rs.54,020/-.

(3.) As could be seen from the memorandum of the appeal and the pleadings, the present appeal is filed seeking enhancement in the quantum of compensation. One of the grounds raised in the memo of appeal is that the Tribunal could not have it was prayed that for the grounds stated awarded of Rs.01,50,000/- with interest ought to have been towards compensation by the Tribunal. It was one of the ground stated in the appeal that the Tribunal committed an error in exonerating the third opponent-the insurance company while awarding the compensation as above at Rs.54,020/- with interest @ 9% from the date of presentation of petition upto 31th December, 2000 and thereafter 7.5% till realisation, the claim petition against the insurance company was ordered to be dismissed.