PRAVINSINH B.ZALA Vs. SURESH PURSHOTTAMBHAI GOSWAMI(DRIVER)

JUDGEMENT

(1.) This appeal is preferred by the appellant - original claimant of Motor Accident Claim Petition No. 19 of 1996. The Motor Accident Claims Tribunal (Main) at Surendranagar, (for brevity, 'the Tribunal') passed an award dated 21.11.2005 granting compensation to the original claimant to the tune of Rs.1,29,250/- with interest @ 9% per annum from the date of petition till realization, holding all the respondents therein jointly and severally liable to pay the compensation. Being dissatisfied with the aforesaid judgment and award passed by the Tribunal, the appellant has preferred this appeal.

(2.) Short facts of the present case are that the original claimant met with an accident on 07.09.1994 at about 7:30 p.m. near patiya of Varshamedi village on Anjar - Bhachau road within the jurisdiction of Anjar Police Station. The claimant was travelling in an Ambassador car bearing registration No. GJ12A-9181 of the ownership of the respondent No. 1 therein. The truck driver, without any reflector, stone barrier or any sign had stationed his truck, due to which, the driver of the ambassador car lost his control over the car due to reflection of the vehicles coming from the opposite direction and dashed with the truck from the backside. In the collision, the original claimant sustained grievous injuries of fracture. As per the averments made by the claimant in his petition, due to composite negligence on the part of both the drivers, the accident had occurred. It is further averred that the claimant was aged 28 years at the time of accident and was practicing as an Advocate and also having income from agriculture business. The yearly income of the original claimant was Rs.1 lakh. That, due to the accident, the claimant got permanent disability. He was primarily treated in the government hospital at Anjar and thereafter, was shifted to Patel Orthopedic Hospital at Gandhidham, thereafter, was treated at Surendranagar by Dr. Desai, at Ahmedabad by Dr. Sumant Shah, Dr. Pradhot Thakore and other orthopedic and neuro surgeons. That, he had to spent huge amount on medical treatment, special diet, attendant, transportation etc. as well as suffered great pain, shock and sufferings. He had requested to award an amount of Rs.8 lakh only from the respondents holding their liability to pay the compensation.

(3.) Heard, learned counsel Mr. Y. J. Patel for the appellant - original claimant and Mr. Mehta for the respondent No. 4 and Mr. G. C. Majmudar for the respondent No. 2. No arguments were advanced by the respondent Nos. 1 and 3.