MAHAMMADBHAI ALIJI MUMAN Vs. CHAUDHARY HEMRAJBHAI KANJIBHAI

JUDGEMENT

(1.) The present First Appeal is filed by Mohammadbhai Aliji Muman and National Insurance Company Ltd. being aggrieved of the judgement and award passed by the Motor Accident Claim Tribunal (Main), Banaskantha District at Palanpur (hereinafter referred to as "the Tribunal") in Motor Accident Claim Petition No.446 of 1988 dated 22.10.1996.

(2.) The main contention of the present appellants is that the vehicle owned and driven by appellant no.1 was not involved in the accident. Therefore, the Tribunal ought not to have awarded any amount against the present appellants.

(3.) The facts of the case are that the Motor Accident Claim Petition No.446 of 1988 came to be filed before the Tribunal on 29th July 1988 alleging that the respondent-claimant Chaudhary Hemrajbhai Kanjibhai met with an accident on 30.1.1988 at 12.00 Noon at Palanpur-Sidhpur Highway, near 'Patia' (sign board) of Village Taniwada. The place of accident was about 1/2 KM away from the said Patia. It was mentioned in the said claim petition that on the day of the accident the applicant was going from Palanpur to Mehsana. His friend, named Sureshbhai Mali was sitting as a pillion rider on the scooter. When they reached the place of accident, the Jeep involved in the accident came from the opposite direction, driven in rash and negligent manner in full speed and dashed with the side of the scooter, on account of which the scooter became uncontrolled and slipped. A fracture was caused to the applicant on the left leg.