NARAYANBHAI KALIDAS PATEL Vs. CHANDULAL HARDASHBHAI PATEL

JUDGEMENT

(1.) BY way of these appeals the claimants have challenged the common judgement and award dated 07.10.1991, passed by the Motor Accident Claims Tribunal, Surendranagar, in M.A.C.P. No. 26 and 27 of 1985, whereby the tribunal has dismissed the claim petitions filed by the claimants.

(2.) THE brief facts leading to filing of this appeal are that on 06.11.1984 an accident occurred between Car bearing registration No. GJR 3201 and truck bearing registration No. GTF 3582 and due to the said accident one Janakbhai and Arvindbhai sustained grievous injuries and one Jayaben expired. THErefore, claim petitions being M.A.C. P. 26 and 27 of 1985, before the Tribunal for compensation. THE Tribunal after hearing learned advocates for both the parties and after recording the evidence dismissed the claim petitions against which the present appeals are filed by the appellants-original claimants.

(3.) LEARNED counsel for the respondents supported the impugned judgement and award of the tribunal and submitted that the judgement and award of the Tribunal is just and proper and no interference is called for by this Court. He further submitted that the accident occurred on account of event i.e. bursting of the tyre, which was beyond the control of the driver of the truck. Hence, the appeal deserves to be dismissed.