DHIRAJLAL SHAMJIBHAI Vs. PRAVINSINH PATUBHA CHUDASAMA

JUDGEMENT

(1.) HEARD learned Advocate Mr. Sunil B. Parikh for learned Advocate Mr. Rajni H. Mehta for appellants - owner and insurance Company and learned Advocate Mr. Tulsi R. Savani for respondent original claimant Pravinsinh Patubha Chudasama.

(2.) BY filing this appeal, appellants are challenging the award made by motor accident claims tribunal at Bhavnagar in claim petition no. 492 of 1994 dated 6th September, 1996 wherein claims tribunal has awarded compensation of Rs. 6,00,000. 00 in favour of respondent claimant with interest thereon at the rate of 15 per cent per annum and proportionate costs.

(3.) LEARNED Advocate Mr. Parikh for appellants raised contention that the claims tribunal has committed gross error in coming to conclusion that the accident has taken place due to jeep No. GUQ-9382. He also submitted that the claims tribunal has not properly appreciated the fact that the injured Luna Driver himself was negligent and accident was caused due to his own negligence. He submitted that the jeep driver was driving his jeep on the absolute correct side and claims tribunal has yet given contrary finding to the effect that the jeep driver was absolutely on wrong side of road. He submitted that the claims tribunal has committed an error in coming to the conclusion that the accident was caused to the sole negligence on the part of jeep driver. He submitted that the claims tribunal has not properly appreciated facts on record, not properly applied mind and awarded higher amount of compensation. He submitted that the award of interest made by claims tribunal is also on higher side and not sustainable in law and it is liable to be set aside as penal rate of interest.