JUDGMENT :

1. The appellant herein – original claimant has preferred the present First Appeal under Section 173 of the Motor Vehicles Act against the judgment and award passed in Motor Accident Claim Petition No.358 of 2007 by the Motor Accident Claims Tribunal (Aux.), Gondal, Camp at Upleta, on 27.01.2009, by which, the Tribunal has awarded Rs.75,350/- with 9% interest p.a. The present appeal is preferred by the appellant for enhancement.

2. The brief facts of the present case are that, on 13.06.2007 at around 1:00 p.m., the present appellant and his wife Daxaben Naranbhai were going in Maruti Car bearing registration No.GJ-1-E-9012 which is owned by opponent No.3. When they reached near Labla Hotel on Jetpur-Junagadh road, near Jetalsar Junction, the tanker bearing registration No.GJ-11-U-9154 has tried to overtake one vehicle, has come on wrong side of the road, has dashed with the Maruti car. Due to such accident, wife of the appellant – Daxaben had expired and appellant himself has received various injuries like multiple fractures on right hand and also received head injurie