SANTOKBEN VARJANG KESHAVALA Vs. JAMNADAS HARDASBHAI DESAI

JUDGEMENT

(1.) HEARD learned advocates for the parties and perused the papers on record.

(2.) THE appellants herein have challenged the award dated 22.09.1994 passed by the Motor Accident Claims Tribunal (Main), Junagadh in Motor Accident Claims Petition No. 101 of 1988 so far as the Tribunal dismissed the claim petition.

(3.) AS a result of hearing and perusal of records, this court is of the view that considering the evidence on record and the facts and circumstances of the case, the Tribunal came to the conclusion that there was no nexus between the injuries sustained by the original claimant and the alleged accident. The Tribunal considered the medical report in detail which do not show a trace of vehicular accident. Non-examination of witnesses appearing in the scene right from the beginning and non-examination of the complainant who is the son of the claimant also points out a concocted story. The Tribunal in para 7 has detailed out 11 points leading to adverse inference against the story brought out by the claimant. The FIR is also lodged at a belated stage. Nothing is pointed out before this Court to take a contrary view. This court is in complete agreement with the reasonings adopted and findings arrived at by the Tribunal and therefore do not see any reason for causing interference.