PRADUMANBHAI MANGALBHAI PATEL Vs. DHULABHAI AMBALAL SOALANKI

JUDGEMENT

(1.) HEARD learned advocates for the parties and perused the papers on record. 1.1 The appellant herein has challenged the judgement and award dated 19.01.1987 passed by the Motor Accident Claims Tribunal in Motor Accident Claims Petition No. 698 of 1983 whereby the Tribunal granted Rs. 31500/- by way of compensation to the original claimant.

(2.) THE original claimant had filed claim petition seeking compensation to the tune of Rs. 1 lakh in respect of the vehicular accident which occurred on 03.10.1982 when the claimant was in a tractor bearing registration no. GJU 7232 as a cleaner. THE said tractor was being driven by the original opponent no. 1 in a rash and negligent manner as a result of which he fell down and sustained serious injuries. THE Tribunal after hearing the parties passed the aforesaid award.

(3.) THIS court having heard learned advocates for both the sides and having perused the papers on record is of the view that the Tribunal has gone into the evidence in detail and come to the conclusion that the original opponent no. 1 is solely liable for the compensation. The vehicle was registered in the name of the original opponent no. 1 as the owner. The said fact is also supported by Ex. 83 which is the true copy of the register of motor vehicles of the said vehicle maintained by the RTO. Moreover, the original opponent no. 2 had not insured the opponent no. 1. The Tribunal in para 9 has in detail discussed the reasons and the same is just and proper. No interference is called for in the award. Even otherwise the amount in appeal is small.