LAWS(GJH)-2017-8-161

ISMAIL MOHAMMED FAKIRMOHAMMED SHAIKH Vs. BHADRESH M MANIAR

Decided On August 10, 2017
Ismail Mohammed Fakirmohammed Shaikh Appellant
V/S
Bhadresh M Maniar Respondents

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 07.03.2011 passed by the learned Presiding Officer, Fast Track Court No.3, Ahmedabad (Rural) at Mirzapur, in Motor Accident Claim Petition No.1386 of 2004, whereby the learned Tribunal has awarded compensation of Rs. 1,15,760/- with interest at the rate of 7.5% from the date of main petition till realization of the compensation from the opponents.

(2.) It Is The Case Of The Appellant That On 27.10.2004, The Appellant and his friend Samir proceeded on Scooter of his friend towards Khanpur after completing work at Nagri Hospital. At around 7:30, when they were passing near Gujarat Crossing, the respondent No.1 came with his car driving it at fast speed rashly and negligently and dashed with the scooter of the appellant. As a result of which, the appellant was thrown on the road and the appellant sustained fracture injuries on his left leg and other injuries.

(3.) Heard Mr. Amit C. Nanavati, Learned Advocate For The Appellant, Mr. Paresh Darji, learned advocate for respondent No.1 and Mr. Vibhuti Nanavati, learned advocate for respondent No.2.