VIMLABEN VINODCHANDRA MODI Vs. RABARI CHINUBHAI AMRABHAI

JUDGEMENT

(1.) Being aggrieved and dissatisfied by the judgment and award dated 05.02.2018 passed by the Motor Accident Claims Tribunal (Aux), Mahesana in Motor Accident Claim Petition No. 203 of 2013, the appellant original claimant has preferred this appeal under section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as the "Act").

(2.) The facts indicate that the original claimant was travelling as a pillion rider on Pleasure Motorcycle bearing registration No.GJ02AS3799 being driven by her daughter with moderate speed and on the correct side of the road and on reaching the spot of the incident, opponent no.1 came with his Max car bearing registration No. GJ24U9133 being driven in a rash and negligent manner with excessive speed and dashed with Pleasure motorcycle due to which appellant received serious injuries on her left hand as mentioned in the medical certificate. She was taken to the hospital and was treated as indoor patient. The original claimant was working as a teacher in Memadpura Primary School. The appellant original claimant preferred claim petition under section 166 of the Act and claimed Rs. 2,00,000/as compensation. The appellant filed her examination in chief at Exhibit 21. It was contended that the appellant was aged 55 years old and was earning Rs. 39,000/per month. The appellant also relied upon the complaint at Exhibit 24, panchnama of the place of occurrence at Exhibit 25, injury certificate at Exhibit 31 and disability certificate at Exhibit 33. The Tribunal, after considering the deposition at Exhibit 21 and disability certificate at Exhibit 33, awarded a compensation of Rs. 1,28,000/. Being aggrieved by the said judgment and award, the present appeal is filed.

(3.) Heard Mr. Kaash K. Thakkar, learned advocate for the appellant and Mr. Maulik J. Shelat, learned advocate for respondent no.2-insurance Company. Though served, no one appears for respondent no.1.