KODARBHAI DHULABHAI PATEL Vs. AJAYKUMAR MAGUMAL GANDHI

JUDGEMENT

(1.) BY way of this appeal, the appellant has challenged the judgment and order passed by the Motor Accident Claims Tribunal, Sabarkanth in M.A.C.P. No.579 of 1990 dated 10.07.1998.

(2.) THE brief facts of the case are that, on 31.10.1989, after returning from Badarpura, the appellant boarded in a jeep bearing Registration No.GAQ 5538, which was driven by the opponent no.1 with an excessive speed and in rash and negligent manner. When they reached near Barvan Kampa, the jeep had turtled and as a result of that, the appellant sustained injuries on his body and, hence, he was shifted to Civil Hospital, Idar in an autorickshaw for treatment, from where, he was advised to take treatment from Orthopedic surgeon. The claim petition was filed before the Tribunal.

(3.) IN the said application, after hearing the parties, the Tribunal passed impugned judgment and award directed the opponent nos.1 and 2 to pay Rs.27,500/ - jointly and severally to the appellant together with interest @ 12% from the date of application till realization with proportionate. However, the Tribunal exonerated the opponent no.3 i.e. the New India Insurance Company from the liabilities to pay compensation relying upon the contract note between the parties. Since, the appellant was not satisfied with the said compensation, he has preferred the present appeal.