SATISHKUMAR RASIKLAL DOCTOR Vs. BALDEVBHAI CHHAGANBHAI THAKORE

JUDGEMENT

(1.) Satishkumar Rasiklal Doctor, original claimant, has filed this appeal under Section 173 of the Motor Vehicles Act against the judgment and award dated 13.7.1999 passed by the Motor Accident Claims Tribunal, Ahmedabad in MAC Petition No. 59 of 1994. The learned Judge by the impugned award has directed the driver, owner and Insurance Company of Fiat car No. GJ-1K-1160 jointly and severally to pay the claimant Rs.24,000/- with interest at the rate of 12% per annum from the date of the petition till realization, within one month from the date of the order, failing which the interest shall be charged at the rate of 15% per annum thereafter.

(2.) In the claim petition before the Tribunal, it was the case of the applicant that on 19.10.1993 at about 12.15 PM the applicant was going on his scooter towards his house situated in Adarsh Society, Near Swastik Cross Roads, Navrangpura, Ahmedabad and when the applicant was taking turn near Bhagvati Chambers, opponent No.1 while driving his Fiat Car overtook his scooter from left side and suddenly stopped his car and opened the door of the driver's seat. As a result thereof, the said door of the car dashed with the scooter of the applicant and hence the applicant fell down on the road and sustained serious injuries. According to the applicant, he sustained injuries because of rash and negligent driving by opponent No. 1 and, therefore, the applicant prayed for compensation of Rs.2 lakhs.

(3.) After going through the documentary and oral evidence the Tribunal came to the conclusion that the applicant had proved that the applicant sustained injuries because of rash and negligent driving by opponent No.1 while driving the Fiat Car. As regards the compensation, in all the Tribunal awarded Rs.24,000/- as damages under the following heads:- <FRM>JUDGEMENT_127_TLGJ0_2007Html1.htm</FRM>