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J. C. DOSHI
BHANUSHALI JAMNADAS NATHALAL – Appellant
Versus
KANABHAI KARNABHAI – Respondent
JUDGMENT :
J.C. DOSHI, J.
1. The present First Appeal, under Section 173 of Motor Vehicles Act, 1988, is preferred by the appellant – original claimant being aggrieved and dissatisfied with the judgment and award dated 19.06.2009 passed by the Motor Accident Claims Tribunal, Jamnagar in Motor Accident Claim Petition No.876 of 1998.
2. Brief facts of the case are as under:
2.1 On 03.05.1998, the claimants were going in their Maruti Zen Car No.GJ-10-F-2420 and when they reached place of accident, one Truck No.GJ-10-T-2523 came in rash and negligent manner and dashed the Car. As result, the claimants received injuries. Claim petition filed by the claimant was partly allowed by the learned Tribunal. The claimant has also prayed for damage caused to the Maruti Car in tune of Rs.4,00,000/- with interest and cost. Learned Tribunal by impugned judgment and award dated 19.06.2009 granted Rs.54,500/- with 9% interest from the date of filing of petition. Being aggrieved by the said order, the appellant / claimant has filed present appeal.
3. Learned advocate Mr.Premal Rachh for the appellant / claimant assailing the impugned judgment and award mainly on the ground that learned Tribunal has ass
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