JUDGMENT :

1. Being aggrieved and dissatisfied by the judgement and award dated 21st April 2010 passed in Motor Accident Claim Petition No.740 of 2008 by the learned Motor Accident Claims Tribunal (Auxiliary - II), Additional District Judge, Mahesana, the appellant – original claimant has preferred the present appeal under Section 173 of the Motor Vehicles Act, challenging the exoneration of the Insurance Company.

2. The original claim of the claimant was for Rs.1,00,000/-. As against that, the learned Tribunal has awarded a sum of Rs.1,35,160/- as just compensation.

3. It is the case of the claimant that on 9th October 2008, the claimant was going on the motorcycle bearing Registration No.GJ-2AH- 1638 as pillion rider, which was being driven and owned by his brother i.e. the opponent No.1. However, due to speed, the motorcycle slipped, wherein the claimant sustained grievous injuries, and thereby, an application under Section 166 of the Motor Vehicles Act came to be preferred before the learned Tribunal for compensation of Rs.1,00,000/- for the injuries received in the vehicle accident.

4. The learned Tribunal, after having considered the evidence on record, held that the claimant rec