RAJESHWARIBEN Vs. RAMJILAL PRABHATLAL GUJJAR

JUDGEMENT

(1.) NONE present on behalf of both the sides even in the third round. Now, since the appeal is of the year 1989, the same is decided on merits.

(2.) THIS appeal has been filed against the common judgment and award passed by the Motor Accident Claims Tribunal, Valsad at Navsari (for short, ?the Tribunal?) in M.A.C.P. Nos.53/1984, 60/1984 & 68/1984 dated 01.11.1988, whereby, in M.A.C.P. No.53/1984 the opponents, the respondents herein, were held liable to pay to the appellants, original claimants, a sum of Rs.46,700/- with interest @ 12% p.a. from the date of application till its realization. In this appeal, we are concerned only with the order passed by the Tribunal qua M.A.C.P. No.53/1984.

(3.) SO far as the issue of negligence is concerned, the Tribunal has held the ratio of negligence between the driver of the Car and truck to be equal. The said finding was arrived at after considering the panchnama of the accident at Ex.40. In my opinion, the Tribunal has rightly held the ratio of negligence amongst the drivers of the two vehicles at 50% each.