BABUJI BALDEVJI CHAUHAN Vs. BHARATSINH NARAYANSINH CHAUHAN

JUDGEMENT

(1.) The present First Appeal, under Sec. 173 of the Motor Vehicles Act, 1988, is preferred by the appellant - original claimant, being aggrieved and dissatisfied with the judgment and award dtd. 31/8/2009 passed by the Motor Accident Claims Tribunal (Aux.), at Mehsana in Motor Accident Claim Petition No.940 of 2003, by which the Tribunal has dismissed the claim petition of the claimant in absence of evidence available on record.

(2.) Brief facts of the case are as under:

(3.) Learned advocate Mr. Jigar G. Gadhavi for the claimant has submitted that the Tribunal has committed gross error by not considering the aspect that the claimant has produced various documents; like F.I.R. at Exh.14, Panchnama at Exh.15, injury certificate at Exh.16 to 21 including case papers, discharge card, C.T. Scan and Permanent Disability Certificate at Exh.22, to which, the insurance company has also given consent to consider the disability as 9%, Medical Bill of Rs.11,595.00 at Ex.23, R.C. Book of vehicle at Exh.24, Insurance Policy at Exh.25, Revenue Record of the agricultural land of the claimant at Exh.26 and deposition given by the claimant at Exh.13 is produced on record.