ORAL JUDGMENT

1. By way of this Appeal, the Appellant-claimant has challenged the judgment and award dated 18.09.2018 passed by the learned Motor Accident Claims Tribunal, Ahmedabad in M.A.C.P. No.28 of 2009. The Claim Petition was partly allowed and vide the judgment and award, the claimant was entitled to recover the compensation of Rs.1,97,600/- from the respondent No.2 – the owner of the vehicle, while the Insurance Company came to be exonerated from the liability to pay the compensation to the claimant. The owner of the vehicle has filed a Cross Objection No.66 of 2019 challenging the order of the learned Tribunal to pay compensation to the claimant.

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

On 07.10.2008 in the afternoon at 3.30 p.m., the appellant was walking at Meenabajar, at that time, the respondent No.1 came driving his Rickshaw bearing Registration No.GJ-1-AZ-1473 in a rash and negligent manner, on the wrong side and in full speed and dashed the appellant causing serious injuries to the appellant. The appellant suffered fracture on the left hand, fracture on the jaw and injuries were also caused on the chest and head. The appellant w