CHAMPABEN MANILAL TANK Vs. PARUL R MANUBARWALA

JUDGEMENT

(1.) HEARD learned advocates for the parties and perused the papers on record.

(2.) THE appellants herein have challenged the award dated 16.01.1998 passed by the Motor Accident Claims Tribunal (Main), Bharuch in Motor Accident Claims Petition No. 867 of 1988 so far as the Tribunal awarded Rs. 2,56,000/- as compensation with interest at 12% per annum.

(3.) AS a result of hearing and perusal of records, this court is of the view that considering the evidence on record and the facts and circumstances of the case, the Tribunal came to the conclusion that the appellant sustained injuries as a result of the rash and negligent driving of the original opponent no. 1 solely. The FIR and panchnama were considered by the Tribunal. It is required to be noted that the original opponent no. 1 did not tender oral testimony and there was no evidence contrary to the deposition rendered by the original claimant.