1. These appeals arise out of the common judgment and award dated 16.03.2004 passed by the Motor Accident Claims Tribunal, Banaskantha at Palanpur in M.A.C.P. No.245/1990, 248/1990, 247/1990 & 178/1991 respectively whereby, all the claim petitions were allowed in part.
2. The aforesaid claim petitions were preferred in connection with the vehicular accident that took place on 23.02.1990 at around 1200 hrs. on the Danta - Palanpur Highway involving a Jeep bearing registration No. GRW-7114 insured with the appellant-Insurance Company.
3. Heard learned counsel for the appellant. It has been mainly contented on behalf of the appellant-Insurance Company that the Tribunal seriously erred in deciding the issue of negligence inasmuch as though the accident was a head-on collision with the Scooter, the driver of the Jeep has been held to be 100% negligent. However, learned counsel for the appellant has not seriously disputed the assessment regarding income made by the Tribunal.
4. On the aspect of contributory negligence, it appears from the evidence on record, more particularly Exhibit-86, that the driver of the Jeep lost control over the vehicle at the relevant point of time and it, subsequently, dashed the Scooter / persons, resulting into the accident in question. Merely because three persons were travelling in the Scooter, it could not be held that they were responsible for the accident. In my opinion, the Tribunal has rightly held the driver of the Jeep solely negligent for the accident. Since learned counsel for the appellant has not disputed the aspect of income assessed by the Tribunal, I am not discussing the same in this judgment and accordingly, concur with the view arrived at by the Tribunal in that regard.
5. For the foregoing reasons, all the appeals stand dismissed. No order as to costs.
[K.
S. JHAVERI, J.] Pravin/* Top