JUDGMENT :

1. This appeal is filed under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as “the Act” for short) for enhancement of compensation awarded by the Motor Accident Claims Tribunal (Auxiliary), Ahmedabad, vide judgment and award dated 09.08.2017 in Motor Accident Claim Petition No.422 of 2009.

2. The factual matrix of the present case is as under:

2.1 It is the case of the appellant – claimant that on 15.05.2009, at about 7:00 PM, the appellant was driving motorcycle bearing registration No.GJ-1-JQ- 0479 near Sundervan cross roads at Satellite within the jurisdiction of Satellite Police Station. At that time, one Bolero car bearing registration No.GJ-1-HM- 5120 came from opposite direction at a high speed and came on wrong side in a rash and negligent manner and dashed with the motorcycle, which was being driven by the appellant from front side. As a result of which, the appellant sustained various injuries and motorcycle was badly damaged.

2.2 It is further the case of the appellant that due to the accident, the appellant had sustained fracture, head injury, facial injury, pain in right shoulder and other accidental injuries. The appellant sustained a f