SURESHBHAI @ SUVALAL A PATEL Vs. CHAUDHARI JESANGBHAI AVCHALBHA

JUDGEMENT

(1.) THIS appeal has been filed against the judgment and award dated 11.3.1994 passed by the Motor Accident Claims Tribunal, Valsad at Navsari, in M.A.C.P. No.442/1986, whereby, the tribunal has dismissed the claim petition.

(2.) THE facts in brief are that the present appellant was serving as a driver in a Tempo bearing registration No. GTT- 3673. On the date of accident, the appellant along with one Suvalal Gomajki Patel was returning to Bardoli. The present appellant was driving the said tempo. At that time one tempo bearing registration No. GTT-7890 came from the opposite direction and collided with the tempo of the appellant. As a result of the said accident, the appellant sustained injuries. Therefore, he filed claim petition being M.A.C.P. No.442 of 1986. The Tribunal after hearing learned advocates for the parties and after perusing the record has dismissed the claim petition against which the present appeal is filed by the appellant- original claimant.

(3.) ON the other hand, learned Counsel for the respondents have opposed the appeal and have prayed to dismiss the same, as being without merit. In support of his contention he relied upon the decision of this Court, in the case of United India Insurance Company Ltd. Vs. Jagatsinh Valsinh and Others, reported in 1986 GLH. 573.