KANAIYALAL CHHOTALAL SHARMA Vs. NATVARGIRI SOMGIRI GONSAI

JUDGEMENT

(1.) AS common question of law and facts arise in these group of appeals and they arise out of common judgment and award passed by the learned Motor Accident Claims Tribunal, they are being disposed of by this Court by common judgment and order.

(2.) FIRST Appeal No.700 of 1989 has been preferred by the appellants challenging the impugned judgment and award passed by the learned Motor Accident Claims Tribunal (Auxiliary), Ahmedabad (Rural) passed in MACT Application No.314 of 1985.

(3.) SHRI Mehta, learned advocate for respective appellant and insurer of the Truck No. GTB 5030 has vehemently submitted that the learned Tribunal has materially erred in holding the driver of the Truck No.GTB 5030 sole negligent. It is submitted that as there was head on collision, the Tribunal has materially erred in holding the driver of the Truck No.GTB 5030 100% negligent. It is submitted that in the facts and circumstances of the Tribunal ought to have held the driver of Truck No. GTY 6134 contributory negligent even to the extent of 20%. By making above submissions, it is requested to allow the present appeals.