PUNJABHAI KARUBHAI MALIWAD Vs. HIRABHAI SOMABHAI PATEL

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 10.05.2011 passed by the learned Judge, Motor Accident Claims Tribunal (Aux.), Godhra in Motor Accident Claim Petition No.786 of 2011, whereby the learned Tribunal has awarded Rs. 66,540/- with intereat at the rate of 7.5% from the date of filing of the petition till its realization.

(2.) It is the case of the appellant that on 02.11.2000 at about 15:00 hours, when he applicant and other relatives stood on S.T.Bus Stop near Jetpur crossing, opponent No.1 came with his tractor No.GJ-17-D- 396 in rash and negligent manner with an excessive speed. The opponent No.1 could not control over his tractor due to excessive speed in turning and as a result of which the tractor left the road and jumped his luggages in trailor and dashed with the applicant. As a result of which, the left leg of the applicant got fractured and he was admitted in private hospital and his left leg had to be imputed. Complaint was filed before the police against the driver of the tractor.

(3.) Heard Mr. Vishal Mehta, learned advocate for Mr. Mehul Shah, learned advocate for the appellant. Mr. Saneep Limbani, learned advocate for respondent No.1-Insurance Company and Mr. Sunil Parikh, learned advocate for respondent No.2.