JUDGMENT :

(PER : HONOURABLE MR. JUSTICE R.M.CHHAYA)

1. Feeling aggrieved and dissatisfied by the judgment and award dated 11.10.2017 passed by the Motor Accident Claims Tribunal (Aux), Gandhidham at Kutch in MACP no.191 of 2011, the appellant-original claimant has preferred this appeal under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as “the Act”).

2. Following facts emerge from the record of the appeal:-

That the accident took place on 26.2.2011. It is the case of the appellant-original claimant that on the date of the accident, he was sitting as a pillion rider on a motorcycle bearing registration no. GJ-12 BE-2858 which was being driven by his brother. It is the case of the appellant that when the motorcycle reached Bhimani Way Bridge, situated at Galpadar Highway Road, a car bearing registration no. GJ-12 AK-0872 being driven in a rash and negligent manner dashed with the motorcycle because of which the claimant fell down. It is the case of the appellant that because of the impact of the accident, the appellant sustained serious injuries, which has result