LAWS(GJH)-2010-11-66

VICAS TRACTORS Vs. G S R T C

Decided On November 15, 2010
VICAS TRACTORS Appellant
V/S
G.S.R.T.C Respondents

JUDGEMENT

(1.) THIS appeal has been filed against the judgment and award passed by the Motor Accident Claims Tribunal (Aux.), Bhavnagar (for short, ?the Tribunal?) in M.A.C.P. No.171/1981 dated 17.02.1983, whereby, the said claim petition came to be rejected.

(2.) THE facts in brief are that on 01.07.1981 while appellant no.2 herein was driving a Tractor bearing temporary registration No.GJZ-701/A on the Bhavnagar ? Rajkot road, it met with an accident with an S.T. Bus bearing registration No. GTF-4520 driven by respondent no.2 herein.

(3.) LOOKING to the circumstances in which the accident in question took place and the panchnama of the place of accident, I find that the accident took place on account of the sole negligence of appellant no.2. Had the appellant no.2 swerved the Tractor in a careful manner at the relevant time, the accident could have been avoided. In the impugned award, the Tribunal has discussed the entire issue in detail and I do not find any error having been committed by the Tribunal while considering the same.