VINODBHAI DHUMSINGBHAI VANZARA Vs. NATVARBHAI UDESING VANZARA

JUDGEMENT

(1.) Both these appeals are arising out the same accident and consolidated award and judgment in M.A.C.P. Nos. 871 of 2009 and 872 of 2009. Therefore, these appeals are heard together and disposed of by this common judgment.

(2.) Heard learned advocate Mr.Hiren Modi for the appellant and learned advocate Mr.P.P.Lakhani for the respondent no. Notice upon respondent no.1 can be dispensed with considering the decision of Hon'ble Supreme Court of India in case of A.Robert V/s. United Insurance Co. Ltd., (1999) AIR SC 2977 read with Order 47 Rule 14(4) of the Code of Civil Procedure because opponent no.1 is owner though served but remain absent before the tribunal and issue raised by the claimant in this appeal for quantum of compensation as well as negligence. Compensation awarded in his favour for injury sustained by him in a vehicular accident. I also perused the record as well as Record and proceedings.

(3.) In First Appeal No.2906 of 2017, the appellant herein is victim of the road accident which took place on 07.02.2009 when claimant was travelling his Rickshaw Chakdo No.GJ-7 TT-2097 which was driven by the opponent No.1 in rash and negligent manner. At about 08:00 p.m. when they reached near village Revari, one truck came with full light and the opponent no.1 lost control over the steering of vehicle the rickshawchaakdo, thus it was turned turtled which resulted into fracture of right leg of the appellant for which operative treatment was provided, but ultimately right leg was amputed below knee. The appellant claimant was doing masonry work before such accident and was earning Rs. 15,000/- per month for livelihood of his family and therefore, because of such injuries, he has claimed an amount of Rs. 20,00,000/- from owner and insurer of the offending truck.