DHAYALAL CHANILAL KHANDELWAL Vs. ABDUL

JUDGEMENT

(1.) The present Appeal has been filed by the appellant for quashing and setting the judgment dtd. 29/11/2021 passed by the Motor Accident Claims Tribunal (Auxiliary), Banaskantha at Deesa in M.A.C.P. No.2394/2009 (Old No.43/2002).

(2.) Mr. Vishal C.Mehta, learned advocate for the appellant stated that the present appellant and his wife had filed M.A.C.P. Nos.43/2002 and 44/2002 on the same day, which was arising out of the same accident, which occurred on 8/6/2001 while both the applicants therein being the husband and wife were travelling from Nathwara to Dhanera in their car driven by the present appellant. Mr. Mehta submitted that when the car reached ahead of Ramnagar Chungi Naka, at that time one truck bearing Registration No.RJ-27-G-3427 came from the opposite side in a very high speed. The said truck was driven rashly and in negligent manner, as a result the truck dashed the vehicle of the appellant on the front side and owing to the accident both the applicants sustained injuries.

(3.) Mr. Mehta submitted that M.A.C.P. No.44/2002, which was thereafter registered as M.A.C.P. No.2033/2009, was decided by the Motor Accident Claim Tribunal (Auxi.) at Deesa, Dist. Banaskantha on 13/3/2019 and the Tribunal was pleased to allow the claim petition of the wife and the compensation of Rs.77,108.00 was granted laying liability on the owner and the insurer of the truck.