DHARABHAI KAMABHAI BHARWAD Vs. MOHAMMAD RAFIQ ISABHAI SURTI

JUDGEMENT

(1.) Admit. Mr. MTM Hakim, learned advocate appears and waives service on behalf of respondent No.1. Upon the joint request of the parties, the matter is taken up for final hearing today.

(2.) In this appeal, under section 173 of the Motor Vehicles Act, 1988, the challenge is against the judgment and award, recorded on 30.6.1998, in Motor Accident Claim Petition No. 1393 of 1995, by the Motor Accident Claims Tribunal, Ahmedabad, at the instance of the original opponents - insured and insurer of matador vehicle.

(3.) Respondent No.1 is the original claimant, who came to be awarded an amount of Rs.2,53,400.00 by way of compensation, for personal injuries sustained by him on account a vehicular accident, which occurred, on 1.6.1995, at about 8.15 P.M. near Vatva, in Ahmedabad Rural District, when the original claimant was proceeding on his scooter, dashed against the truck going in front of him, as the driver, all of a sudden, applied the break without giving signal, and thereafter the offending matador which was coming with excessive speed from behind, violently, dashed against the scooterist, from behind, as a result of which the claimant sustained serious injuries, which resulted into permanent partial disablement to the extent of 23% to the anatomy as a whole. There were multiple fractures of ribs No.2 to 7 of right side. Fortunately, the claimant escaped a very major mishap. He, therefore, filed the aforesaid claim petition for compensation and the Claims Tribunal awarded the aforesaid amount with interest at the rate of 15% per annum from the date of the application till the date of realisation.