1 By way of filing this appeal under Section 173 of the Motor Vehicles Act, 1988 the appellant - claimant has challenged the judgment and order dated 23rd July 2008 passed by the learned Motor Accident Claims Tribunal (Main), Gandhinagar in MAC Petition No.789 of 2002 whereby the Tribunal has dismissed the claim petition filed by the claimant.
2 The short facts of the present appeal are that injured - Sitaben was going on motorcycle bearing No.GJ 18F 2050 as a pillion rider and her uncle Somabhai was driving the said motorcycle. When said motorcycle was passing near Giyad Patia near Chala turning the said motorcycle dashed with Maruti Car which was going on the said road as a result of which she sustained injury which resulted into permanent disablement. She, therefore, filed claim petition claiming compensation of Rs.2,00,000 under different heads.
3 The Tribunal has observed that except the bare words of the applicant there is nothing on record which would go to show that the alleged accident had taken place on account of any rash and negligent driving of the opponent No.1 but the accident had taken place solely due to rash and negligent driving on the part of the driver of the Maruti Car. Having considered various decisions of the Apex Court on the point of negligence, ultimately, the Tribunal has observed as the claimant has failed to prove the negligence, question of deciding the quantum does not arise and held that the applicant is not entitled to get any amount of compensation due to rash and negligent driving on the part of driver of motorcycle and therefore dismissed the claim petition.
4 The findings recorded by the Tribunal are just and proper and no interference is called for. The view taken by the Tribunal is just and proper. The appeal is meritless. Hence, dismissed with no order as to costs.
(K.S.Jhaveri, J.) *mohd Top