AMIRUDDIN SAIDUDDIN Vs. SABIRBHAI M. MANSURI

JUDGEMENT

(1.) This is an appeal under section 173 of the Motor Vehicles Act, 1988, at the instance of the original claimant who challenges the award passed by the Motor Accident Claims Tribunal, Ahmedabad.

(2.) The appellant-claimant claimed that on the date of the accident he was driving his scooter while accompanied by one pillion rider, on correct side of the road at a moderate speed, when a fiat car driven by the first opponent hit him on the rear right back side of his scooter while attempting to overtake the applicant. Thus, the applicant fell from the scooter and sustained grievous injuries. The applicant then had to take lengthy medical treatment involving two surgeries, that he suffered partial permanent disablement, that there was substantial economic loss suffered by him, expenses incurred for medical treatment, and various other claims under different heads were made in the claim petition.

(3.) On an over all assessment of the impugned judgment and award, we find that the appreciation of evidence on the part of the tribunal is very fair, and the conclusions drawn on the evidence on record are eminently reasonable and sustainable. The totality of the award, in our opinion, does not merit interference.