DUDHABHAI LALABHAI VASAIYA Vs. BHAVSINGHBHAI TERSINGHBHAI KISHORI

JUDGEMENT

(1.) The present appeal arises out of the judgment and award dated 01.08.1998 passed by the Motor Accident Claims Tribunal (Aux.), Panchmahals District at Godhra (the Tribunal) in M.A.C.P. No.246 of 1991 wherein the Tribunal has awarded Rs.2,70,000/- holding original opponent No.2-respondent No.2 herein, the owner of the truck, liable to the extent of 60% i.e. to the tune of Rs.1,59,300/- and ordered original opponent No.2 to pay the same, as the insurance company of the truck was not joined as party to the proceedings and holding original opponent Nos.1 and 3, the owner of the jeep car and the insurance company of the jeep car respectively, liable to the tune of 40% i.e. an amount of Rs.1,10,700/- along with interest @ 12% from the date of the application till realization.

(2.) The facts arising out of the present appeal are that on 12.11.1990, son of original claimant Nos.1 and 2 and husband of original claimant No.3 named Manharbhai was traveling in a jeep car bearing registration No.GAM-8181 from Dahod to Jhalod. It reveals from the record that while the jeep car was on Limbdi road, near the river bridge, the truck belonging to original opponent No.2, bearing registration No.GRY-3954 was coming from Limbdi. It further reveals that the truck was being driven by the driver of the truck on wrong side of the road, in a rash and negligent manner and dashed with the jeep car.

(3.) Due to the aforesaid accident, Manharbhai received serious injuries on the stomach and was immediately taken to Dahod Cottage Hospital for treatment. The record further reveals that after treatment for 7 days at the hospital, Manharbhai came to be discharged and was shifted to his residence in an ambulance. However, on the same day, due to pain in the stomach, Manharbhai had to be shifted to the clinic of Dr.Chauhan at Jhalod, from where he was shifted to SSG Hospital, Vadodara and then had to be shifted to Civil Hospital, Ahmedabad for further treatment. The record reveals that Manharbhai had to undergo surgery and ultimately he succumbed to the injuries on 30.12.1990 at Ahmedabad.