VITHTHALBHAI KARSHANBHAI BARIA Vs. BIHARI

JUDGEMENT

(1.) The present First Appeal is preferred by the original claimant being aggrieved and dissatisfied with the judgment and award dtd. 30/3/2007 passed by The Motor Accident Claims Tribunal (Auxi.) Vadodara, in Motor Accident Claim Petition No. 384 of 1995 by which the Tribunal has dismissed the claim petition. This petition is for enhancement of the claim.

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

(3.) Learned Advocate Mr. MTM Hakim for the appellant - claimant has submitted that the Tribunal has erred in giving the findings on the issues in affirmative, however, while dealing with issue No. 1, the finding is given as in "Negative". Therefore, there is apparent error committed by the Tribunal. He has further submitted that the Tribunal has calculated the amount of compensation payable to the claimant as discussed for issue No. 2, but the Tribunal has dismissed the claim petition on the ground that the involvement of vehicle as well as injury received to the claimant is not satisfactory established by leading cogent and convincing evidence as to whether any vehicle is damaged in the accident. Learned Advocate Mr. Hakim submitted that this finding is totally improper and unjust and required to be interfered by awarding amount of compensation to the claimant.