BALVANTSINH NATHUBHA JADEJA Vs. RASHIKLAL LAXMIDAS BATHIYA

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned judgment and award dtd. 9/12/2009, passed by the learned Motor Accident Claims Tribunal (Fast Track Court No.2) Jamnagar in M.A.C.P. No. 179 of 2001 the appellant has filed present appeal. In the said judgment and award the learned Tribunal has rejected the claim petition of the appellant.

(2.) The short facts emerging from the record, are as under:-

(3.) Mr. Gateshaniya, learned Counsel for the appellant submitted that the learned Tribunal has committed an error while appreciating the evidence on record. He further submitted that learned Judge has committed an error by considering the 100% negligency on the part of the appellant being a driver of the scooter offending vehicle. It is also further contended that the learned Motor Accident Claims Tribunal has not properly appreciated income of the appellant while coming to the conclusion and while passing the impugned order. Therefore, the impugned judgment and order passed by the learned Motor Accident Claims Tribunal is erroneous.