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Shanaji Motiji & 1 ­ Defendants

High Court Of Gujarat|24 January, 2012
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JUDGMENT / ORDER

1. This appeal is directed against the judgment and award dated 27.02.1998 passed by the Motor Accident Claims Tribunal, Nadiad in M.A.C.P. No. 650/1987 whereby, the claim petition was dismissed.
2. The appellant, original claimant, is an agriculturist. It is the case of the appellant that on 31.03.1986 he went to Kapadwanj market for the purpose of selling agricultural produce. At that time, a motor-cycle bearing registration No. GUU 5210, which was driven by respondent no.1 in a rash and negligent manner, dashed the appellant. It was stated in the claim petition that the motor-cycle in question was owned by respondent no.2 herein. In the said accident, the appellant sustained bodily injuries. He, therefore, filed claim petition before the Tribunal, which came to be rejected, by way of the impugned award. Being aggrieved by the same, the appellant has preferred the present appeal.
3. Heard learned counsel for the parties. It appears from the evidence on record in the form of cross- examination of the appellant that he was dashed by another vehicle (Scooter) and not by the motor-cycle in question. Accordingly, the Tribunal concluded that the motor-cycle in question was not involved in the accident and dismissed the claim petition. Considering the evidence on record, the view taken by the Tribunal is proper. I am in complete agreement with the reasonings given by the Tribunal while passing the award and hence, find no reasons to entertain this appeal.
4. In the result, the appeal is dismissed. No order as to costs.
[K. S. JHAVERI, J.] Pravin/*
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Title

Shanaji Motiji & 1 ­ Defendants

Court

High Court Of Gujarat

JudgmentDate
24 January, 2012
Judges
  • Ks Jhaveri
Advocates
  • Ms Sneha A Joshi