JUDGMENT :

R.M. Chhaya, J.

1. Feeling aggrieved and dissatisfied by the judgment and award dated 30.12.2017 passed by the Motor Accident Claims Tribunal, Gandhidham at Kutch in MACP no.317 of 2013, 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 25.6.2013. 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 BJ-7529 which was being driven by the deceased-Buddhubhai Hajabhai Jat. It is the case of the appellant that when they reached near the place of the accident, at that time, the original respondent no.1 came by driving his tanker bearing registration no. GJ-12 G-1189 in a rash and negligent manner and 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 injuri