JUDGMENT :

VAIBHAVI D. NANAVATI, J.

1. Heard Mr. Nishit A. Bhalodi, the learned advocate appearing for the appellant and Ms. Lilu K. Bhaya, the learned advocate appearing for the respondent No.3 - Insurance Company.

2. By way of present appeal, the appellant herein is aggrieved by the impugned judgment and decree dated 24.10.2018 passed by the Motor Accident Claims Tribunal at Nadiad in Motor Accident Claims Petition No.618 of 2015.

3. The brief facts as stated by the appellant - original claimant germane for adjudication of the present appeal reads thus :-

3.1 That the appellant was traveling in the Rickshaw No.GJ-07-YY-4034 of the ownership of respondent no.2 on 19.02.2015, at 08:30 p.m., on the Khatraj Chokdi to Mankva Road, it reached at road on eastern side of Bhoi Underpass, the driver – respondent No.1 herein, the driver of the rickshaw of the ownership of respondent no.2 drove rickshaw rashly and negligently at full speed and dashed it with a motorcycle, lost control over rickshaw and rickshaw turned turtle. The appellant - original applicant sustained injury in right eye, s