R.M.CHHAYA,J. - (1.) By this appeal under section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as "the Act"), the appellant insurance company has challenged the judgment and award passed by the Motor Accident Claims Tribunal (Aux), Kheda at Nadiad in MACP No. 663 of 2013.
(2.) It can be culled out from the record of this case that the accident took place on 16.11.2012 between rickshaw bearing registration no. GJ7W4825 and tractor bearing registration no. GJ7AN2314. As the facts reveal, the rickshaw was being driven in an excessive speed and when the rickshaw reached the place of the accident, suddenly the driver of the tractor came on the road directly from the field because of which the tractor dashed with the rickshaw. FIR came to be lodged at exhibit 33 and the present claim petition was filed by the respondent original claimant under section 166 of the Act and claimed compensation of Rs. 8,00,000/. The original claimant was examined at exhibit 27 and the claimant also relied upon FIR at exhibit 33, panchnama at exhibit 34, injury certificate at exhibit 37, 38 and 39, disability certificate at exhibit 47 and medical bills at exhibit 40 to 45. The Tribunal by the impugned judgment and award, considering the evidence on record, came to the conclusion that the driver of the rickshaw as well as tractor are jointly negligent and negligence of the rickshaw driver was held to the extent of 40% whereas the negligence of the driver of the tractor was assessed at 60% by holding the opponents jointly and severally liable. The learned Tribunal allowed the claim petition partly and awarded a sum of Rs. 4,84,000/along with 9% interest from the date of the filing of the claim petition till its realisation. Being aggrieved by the same, the present appeal is filed.
(3.) Heard Mr. Palak Thakkar, learned advocate for the appellant, Mr. Hardik Mucchala, learned advocate for respondent no.3 and Mr. Nishit Bhalodia, learned advocate for respondent no.1 original claimant. Though served, no one appears for respondent no.2. Considering the short issued involved in this appeal, this Court by an order dated 02.07.2018 issued notice for final disposal and called for the record and proceedings.;