JUDGMENT :

1. The present First Appeal, under Section 173 of Motor Vehicles Act, 1988, is preferred by the appellants – original claimants being aggrieved and dissatisfied with the judgment and award dated 19.10.2007 passed by the Motor Accident Claims Tribunal, Modasa in Motor Accident Claim Petition No.110 of 2005.

2. That on 11.11.2004, the appellant was traveling in the Jeep bearing No.GJ-18-AA-5843 along with his goods. That the appellant was going from Village- Shinavad to Modasa. That while the jeep reached at village- Sijli, the driver of the jeep applied breaks and as a result, the jeep turned down. The appellant therefore received fracture injuries on right leg, left hand shoulder, backside, etc. The accident occurred due to loosing the balance over the steering of vehicle by the driver. Thus, due to rash and negligent manner, the accident occurred and the appellant sustained various injuries, as stated hereinabove. The complaint regarding the accident was lodged against the driver vide C.R.No.Ι -112/2004 with Modasa Rural Police Station.

3. Learned advocate for the appellant would submit that the learned Tribunal has taken up the income of the claimant to Rs.1500/- per mont