GUMANBHAI TRIBHOVANDAS PATEL Vs. MUSTAK AIYUB AHMED

JUDGEMENT

(1.) BY way of filing this appeal the appellant has challenged the judgment and award dated 20th January 1997 passed by the learned Motor Accident Claims tribunal (Aux.), Bharuch in MAC Petition No.19 of 1992 by which the application preferred by the appellant " original applicant was dismissed.

(2.) THE short facts of the case are that while the applicant was driving his Luna and was going to Ankleshwar from Station at 10.00 AM on 10.2.1991, opponent No.1 was driving the scooter bearing No.GRJ 3643 came from behind and ignoring the signal that is shown by the applicant, hit the Luna because of which he fell down on the road and sustained fracture on the right leg. He therefore filed the MAC Petition No.19 of 1992 against the rider of the offending scooter, its owner and insurance company. THE Tribunal while awarding Rs.44,650 to the applicant, has held the applicant to be negligent to the extent of 30%. While deciding issue No.1 the Tribunal has held in paragraph 7 as under:-