PACHAN DEVSHIBHAI RABARI Vs. DANABHAI JIVABHAI SOLANKI

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment and award dated 10.06.1999 passed by the Motor Accident Claims Tribunal, Morbi in Claim Petition No.209/1989 whereby, the claim petition was partly allowed and the appellant, original claimant, was awarded total compensation of Rs.69,740/- along with interest at the rate of 12% per annum from the date of application till its realization and proportionate costs.

(2.) THE facts in brief are that on 25.09.1986 at around 0230 0400 hrs. while the appellant, original claimant, along with one other person, were going towards a nearby field situated on the Kandla Ahmedabad for the purpose of grazing their cattle, a Truck bearing registration no. GTY 6908, driven by respondent no.1, owned by respondent no.2 and insured with respondent no.3-Insurance Company, got out of control and dashed the appellant and the cattle. As a result thereof, the appellant sustained severe bodily injuries. He, therefore, filed the claim petition before the Tribunal claiming compensation of Rs.2,00,000/-. THE said claim petition came to be partly allowed by way of the impugned award. Being aggrieved by and dissatisfied with the compensation awarded, the appellant has preferred the present appeal.

(3.) FOR the foregoing reasons, the appeal is dismissed. No order as to costs.