BHAVNABEN GIRISHKUMAR GODA Vs. DRIVER MAHEBOOB ISMAIL

JUDGEMENT

(1.) HEARD Mr.H.M. Lathia, learned advocate for the appellant and Mr.Vibhuti Nanavati, learned advocate for respondent No.3. None was present for the other respondents.

(2.) BOTH these appeals arise out of common judgment and award dated 26.04.2001 made by the Motor Accident Claims Tribunal (Main), Amreli under Section 166 of the Motor Vehicles Act, 1988 ("the Act" for short). Both these appeals, therefore, are heard and decided together. Since the First Appeals have been filed on limited ground i.e. quantum, only facts which are relevant to decide this issue, are referred to and it is not necessary to refer to other facts in greater detail.

(3.) THERE is also no dispute on the issue that it was on account of the rash and negligent driving of the driver of offending vehicle that such an accident occurred.