JUDGMENT :

GITA GOPI, J.

1. Notice was issued to the respondent/s by an order of this Court dated 12.12.2022.

2. Since the learned Advocates for the respondent-Insurance Company are on record, considering the ground raised before this Court and with the consent of learned Advocates on record, this Court is inclined to decide this First Appeal at the admission stage. Hence, ADMIT.

3. By way of this Appeal, the Appellant-injured claimant has challenged the judgment and award dated 17.02.2020 passed by the learned Motor Accident Claims Tribunal (Auxi.) Kheda at Nadiad in M.A.C.P. No. 636 of 2017.

4. The facts giving rise to the present Appeal can be put succinctly as under:

On 27.09.2016, the claimant aged 19 years was returning to his home on his motor cycle, was driving in moderate speed and on the correct side of the road. When the claimant reached at the place of accident, i.e. near Rutu Farm, Village Bhumol, at around 7.45 pm, the respondent No. 1 the driver of the Maruti Car bearing Registration No. GJ-23-A-8592 came in a rash and negligent manner, in excessive speed, endangering human life and dashed the motor cycle of the claimant as a result, the claimant was flung on the road, the