KANJI NARAN SUTHAR Vs. IBRAHIM OSMAN MEMON

JUDGEMENT

(1.) Being aggrieved by the judgment and award dated 29.08.2017 passed by the Motor Accident Claims Tribunal (Aux), Kachchh at Bhuj in MACP No.931 of 1999, the appellant claimant has preferred this appeal under section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as the "Act").

(2.) Mr. Hiren Modi, learned counsel appearing for the appellant contended that the present appeal is for enhancement of the quantum. Mr. Sandip Shah, learned counsel appearing for the respondent no.2 insurance company also submitted that the liability of the insurance company is not questioned. As it is only on quantum, at the request of learned advocates appearing for the appellant as well as the insurance company, the matter is taken up for its final disposal forthwith and it was jointly submitted that presence of respondent no.1 owner of the offending vehicle is not essential for deciding the present appeal. Mr. Modi has produced for perusal of the Court the copies of the evidence, both oral and documentary adduced before the Tribunal.

(3.) The facts indicate that the accident took place on 11.11.1999 when the appellant was on his way for delivery of goods, i.e., furniture prepared by him wherein the truck bearing registration no.GTY5286 came from the wrong side being driven in rash and negligent manner. The appellant received injuries due to the accident and had to undergo surgery for fractures on both legs. The appellant claimant preferred the claim petition under section 166 of the Act and claimed Rs. 4,00,000/as compensation. The appellant as well as one Meghjibhai Samji Suthar and Rashmi kumar Trambak lal Shah were examined at exhibits 37, 51 and 67 respectively.