DHANJI SHANKER KHARVA Vs. KARSAN KANA SUDAVADA

JUDGEMENT

(1.) THIS appeal arises out of the judgment and award, rendered by Motor Accidents Claims Tribunal (Main), Junagadh in Claim Case No.368 of 1988.

(2.) THE appellant was the claimant before the Tribunal, who claimed the compensation of Rs.1,00,000.00 on account of accidental injuries, suffered by him in the accident that occurred on

(3.) IT is contended by learned advocate Mr.Mithani that the FIR, lodged by the rider of the motorcycle on which the claimant was a pillion rider, clearly implicated the truck, so also the driver of the truck. Learned advocate Mr.Mithani submitted certified copy of the judgment, rendered by learned JMFC, Veraval in Criminal Case No.1690 of 1989, whereby the driver of the truck was convicted for the offences punishable under Sections 279, 337 and 338 of the Indian Penal Code and under Sections 116 and 112 of the Motor Vehicles Act and has punished him to undergo the imprisonment till rising of the Court and to pay fine of Rs.200.00. This judgment was rendered by the criminal Court on the basis of pleading guilty by the driver, admitting that he has committed the accident and therefore, the view taken by the Tribunal being erroneous, this Court may allow the appeal. Learned advocate Mr.Mithani submitted that the Tribunal has assessed the compensation at Rs.59,000.00, but, has dismissed the claim petition on the ground that the claimant could not prove that the injuries were suffered by him in the accident.