VAGHRI PUNAMBHAI ATMARAMBHAI Vs. ALPESHKUMAR PARSOTTAMDAS PATEL

JUDGEMENT

(1.) Being aggrieved and dissatisfied with the judgment and award dated 25.07.2017 passed by the Motor Accident Claims Tribunal (Auxi), Mehsana at Visnagar in MACP No. 1138 of 2012, the appellant-? claimant has preferred this appeal under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as the "Act").

(2.) Heard Mr. J M Barot, learned advocate for the appellant and Mr. Maulik Shelat, learned advocate for the Insurance Company. It was pointed out at the bar that in the present appeal a short question arise, which is squarely covered by the judgment of the Hon'ble Apex Court in the case of Khenyei vs. New India Assurance Company Limited and ors reported in (2015) 9 SCC 273. Mr. Barot, learned advocate for the appellant specifically contended that the appellant do not press other grounds raised in the appeal except the ground of composite negligence. At the request of learned advocates for the respective parties, the appeal was taken up for final hearing forthwith. Learned advocate for the appellant has supplied the copies of evidence adduced before the Tribunal for perusal of this Court.

(3.) The facts indicating that the injuries sustained to the appellant in a vehicular accident occurred on 19.11.2010 when the appellant, his brother and his cousin were traveling on a motorcycle bearing No. GJ-?2-?N-?3971, which was being driven by Manojbhai in a right side of the road, at that time, the original opponent no.1 came with his Jeep No.GJ-?2-?AC-?2373 in rash and negligent manner, dashed with the motorcycle of the appellant and thereby caused injuries to the appellant. The appellant was treated as indoor patient in the Hospital and operation was performed. The appellant preferred present application under Section 166 of the Act and claimed compensation at Rs. 2 lakh. The appellant also adduced following oral as well as documentary evidence before the Tribunal.